MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Ways and Means

By: Representatives McCoy, Morris, Smith (39th), Bailey, Baker, Banks, Barnett (92nd), Blackmon, Bowles, Broomfield, Cameron, Capps, Chism, Clarke, Coleman (65th), Compretta, Creel, Cummings, Davis, Dedeaux, Dickson, Eads, Eakes, Eaton, Ellis, Ellzey, Espy, Evans, Fillingane, Flaggs, Fleming, Ford, Franks, Fredericks, Frierson, Gadd, Green, Grist, Guice, Hamilton, Harrison, Henderson, Holland, Holloway, Hudson, Ishee, Malone, Maples, Markham, Martinson, Masterson, Mayo, McBride, Miles, Mitchell, Moak, Montgomery (15th), Montgomery (74th), Moore (100th), Moss, Myers, Nettles, Nicholson, Peranich, Perkins, Pierce, Read, Reynolds, Robinson (84th), Rogers, Rotenberry, Rushing, Ryals, Scott (17th), Shows, Smith (59th), Snowden, Stevens, Straughter, Stringer, Taylor, Thomas, Thornton, Wallace, Ward, Warren, Weathersby, West, Whittington, Woods, Young

AN ACT TO AUTHORIZE THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE OF MISSISSIPPI FOR THE PURPOSE OF ACQUIRING NATIONALLY SIGNIFICANT CIVIL WAR BATTLEFIELDS OR RELATED SITES IN MISSISSIPPI AND FOR THE PURPOSE OF ACQUIRING, PRESERVING, RESTORING AND DEVELOPING SIGNIFICANT SITES RELATED TO AFRICAN-AMERICAN HISTORY IN MISSISSIPPI; TO AMEND SECTION 39-5-23, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTAIN FEDERAL FUNDS RECEIVED UNDER THIS ACT MAY BE DEPOSITED INTO THE HISTORIC PROPERTIES TRUST FUND; AND FOR RELATED PURPOSES.

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

SECTION 1. As used in Sections 1 through 18 of this act, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:

(a) "Civil War battlefield" is defined as those sites listed by the 1993 Civil War Sites Advisory Commission Report on the Nation's Civil War Battlefields.

(b) "Interpretation" means an historical exhibit design, interpretive or commemorative marker or monument, publication, program, or other instructional techniques that present and interpret history from broad cultural and ethnic perspectives.

(c) "Board" means the Board of Trustees of the Department of Archives and History.

(d) "Commission" means the State Bond Commission.

(e) "State" means the State of Mississippi.

SECTION 2. (1) A special fund, to be designated the "Mississippi Civil War Battlefield Acquisition Fund," is created within the State Treasury. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund and any interest earned or investment earnings on amounts in the fund shall be deposited into the fund. The expenditure of monies deposited into the fund shall be under the direction of the Department of Finance and Administration, based upon recommendations of the Board of Trustees of the Department of Archives and History, and such funds shall be paid by the State Treasurer upon warrants issued by the Department of Finance and Administration. Monies deposited into such fund shall be allocated and disbursed according to the provisions of this section.

(2) Monies deposited into the fund shall be disbursed to pay the costs of the acquisition and related reimbursable acquisition costs of nationally significant Civil War battlefield properties and/or to assist state agencies, county or municipal governments, or nonprofit organizations that have obtained Section 501(c)(3) tax-exempt status from the United States Internal Revenue Service, in acquiring nationally significant Civil War battlefields through fee simple title, in acquiring perpetual preservation easements, or in retiring debt that has been incurred by such entities or organizations in purchasing such properties. Monies expended from the fund shall be used to match federal appropriations allocated for Mississippi Civil War Battlefields pursuant to Section 131 of the Fiscal Year 1999 Interior and Related Appropriations Act. Such federal matching funds for battlefield acquisition reimbursed to the State of Mississippi shall be deposited in the Historic Properties Trust Fund (Fund No. 3476) in the State Treasury and shall be earmarked for the purpose of acquiring, preserving, restoring, interpreting, supporting, and administering Civil War battlefield properties that have been designated "Mississippi Landmarks" under the provisions of the State Antiquities Law. The expenditure of monies deposited into the Historic Properties Trust Fund that are earmarked for use on Civil War battlefield properties shall be under the direction of the Board of Trustees of the Department of Archives and History, based upon the recommendations of the Mississippi Civil War Battlefield Commission. The Department of Archives and History may require matching funds from applicants desiring assistance under this section.

(3) Any properties acquired pursuant to this section that are deemed eligible for designation as "Mississippi Landmark" properties by the Board of Trustees of the Mississippi Department of Archives and History must be designated as "Mississippi Landmark" properties prior to or immediately following their acquisition by fee simple title, perpetual preservation easement, or through the retirement of debt incurred in purchasing such properties.

SECTION 3. (1) A special fund, to be designated the "African-American Heritage Preservation Fund," is created within the State Treasury. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund and any interest earned or investment earnings on amounts in the fund shall be deposited into the fund. The expenditure of monies deposited into the fund shall be under the direction of the Department of Finance and Administration, based upon recommendations of the Board of Trustees of the Department of Archives and History, and such funds shall be paid by the State Treasurer upon warrants issued by the Department of Finance and Administration. Monies deposited into such fund shall be allocated and disbursed according to the provisions of this section.

(2) Monies deposited into the fund shall be allocated and disbursed through the Department of Finance and Administration, based upon the recommendations of the Board of Trustees of the Department of Archives and History, to pay the costs of the acquisition, preservation, restoration, rehabilitation, repair, development, interpretation, or commemoration of sites, properties, events, or eras significant to the African-American history in Mississippi, and/or to assist state agencies, county or municipal governments, school districts, or nonprofit organizations that have obtained Section 501(c)(3) tax-exempt status from the United States Internal Revenue Service in acquiring, preserving, restoring, rehabilitating, repairing, developing, interpreting, or commemorating sites, properties, events, or eras significant to African-American history in Mississippi. Where possible, expenditures from the fund shall be used to match grants awarded to Mississippi historic properties pursuant to the National Trust for Historic Preservation's "Save America's Treasures" program or other grants that may be accessed by the Department of Archives and History, other state agencies, county or municipal governments, school districts, or nonprofit organizations that have obtained Section 501(c)(3) tax-exempt status from the United States Internal Revenue Service. Any properties receiving monies pursuant to this section that are deemed eligible for designation as "Mississippi Landmark" properties by the Board of Trustees of the Mississippi Department of Archives and History must be designated as "Mississippi Landmark" properties prior to or immediately following the selection of projects for funding under the provisions of this section.

(3) The Board of Trustees of the Department of Archives and History shall receive and consider proposals from any entity of state, county, and local government or from nonprofit organizations that have obtained Section 501(c)(3) tax-exempt status from the United States Internal Revenue Service for projects associated with the acquisition, preservation, restoration, rehabilitation, repair, interpretation, or commemoration of sites and properties significant to African-American history in Mississippi. Proposals shall be submitted in accordance with the provisions of procedures, criteria, and standards developed by the board. The board shall determine those projects to be funded. The Department of Archives and History may require matching funds from any applicant seeking assistance under this section.

(4) The Department of Archives and History shall publicize the African-American Heritage Preservation program described in this section on a statewide basis, including the publication of the criteria and standards used by the department in selecting projects for funding. The selection of a project for funding under the provisions of this section shall be made solely upon the deliberate consideration of each proposed project on its merits.

(5) With regard to any project awarded funding under this section, any consultant, planner, architect, engineer, exhibit contracting firm, historic preservation specialist, or other professional hired by the Department of Finance and Administration to work on any such project shall be selected from a list of such professionals that has been composed and submitted to the Department of Finance and Administration by the Board of Trustees of the Department of Archives and History.

(6) Plans and specifications for all projects initiated under the provisions of this section shall be approved by the Board of Trustees of the Department of Archives and History before the awarding of any contracts. The plans and specifications for any work involving "Mississippi Landmark" properties shall be developed in accordance with "The Secretary of the Interior's Standards for the Treatment of Historic Properties."

SECTION 4. (1) The commission, 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 all costs incurred or to be incurred for the purposes described in Sections 2 and 3 of this act. 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 of Finance and Administration shall deliver a certified copy of its resolution or resolutions to the commission. Upon receipt of such resolution, the 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. The total amount of bonds issued under Sections 1 through 18 of this act shall not exceed Five Million Six Hundred Thousand Dollars ($5,600,000.00). The bonds authorized under Sections 1 through 18 of this act may not be issued after July 1, 2003.

(2) The proceeds of the bonds issued pursuant to Sections 1 through 18 of this act shall be deposited into the following special funds in not more than the following amounts:

(a) The Mississippi Civil War Battlefield Acquisition Fund created pursuant to Section 2 of this act...$2,800,000.00.

(b) The African-American Heritage Preservation Fund created pursuant to Section 3 of this act........$2,800,000.00.

(3) Any investment earnings on amounts deposited into the special funds created in Sections 2 and 3 of this act shall be used to pay debt service on bonds issued under Sections 1 through 18 of this act, in accordance with the proceedings authorizing issuance of such bonds.

SECTION 5. The principal of and interest on the bonds authorized under Sections 1 through 18 of this act shall be payable in the manner provided in this section. Such bonds shall bear such date or dates, be in such denomination or denominations, bear interest at such rate or rates (not to exceed the limits set forth in Section 75-17-101, Mississippi Code of 1972), be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times not to exceed twenty-five (25) years from date of issue, be redeemable before maturity at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as shall be determined by resolution of the commission.

SECTION 6. The bonds authorized by Sections 1 through 18 of this act shall be signed by the chairman of the commission, or by his facsimile signature, and the official seal of the commission shall be affixed thereto, attested by the secretary of the commission. The interest coupons, if any, to be attached to such bonds may be executed by the facsimile signatures of such officers. Whenever any such bonds shall have been signed by the officials designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers before the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until their delivery to the purchaser, or had been in office on the date such bonds may bear. However, notwithstanding anything herein to the contrary, such bonds may be issued as provided in the Registered Bond Act of the State of Mississippi.

SECTION 7. All bonds and interest coupons issued under the provisions of Sections 1 through 18 of this act have all the qualities and incidents of negotiable instruments under the provisions of the Mississippi Uniform Commercial Code, and in exercising the powers granted by this act, the commission shall not be required to and need not comply with the provisions of the Mississippi Uniform Commercial Code.

SECTION 8. The commission shall act as the issuing agent for the bonds authorized under Sections 1 through 18 of this act, prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold, pay all fees and costs incurred in such issuance and sale, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. The commission is authorized and empowered to pay the costs that are incident to the sale, issuance and delivery of the bonds authorized under Sections 1 through 18 of this act from the proceeds derived from the sale of such bonds. The commission shall sell such bonds on sealed bids at public sale, and for such price as it may determine to be for the best interest of the State of Mississippi, but no such sale shall be made at a price less than par plus accrued interest to the date of delivery of the bonds to the purchaser. All interest accruing on such bonds so issued shall be payable semiannually or annually; however, the first interest payment may be for any period of not more than one (1) year.

Notice of the sale of any such bonds shall be published at least one time, not less than ten (10) days before the date of sale, and shall be so published in one or more newspapers published or having a general circulation in the City of Jackson, Mississippi, and in one or more other newspapers or financial journals with a national circulation, to be selected by the commission.

The commission, when issuing any bonds under the authority of Sections 1 through 18 of this act, may provide that bonds, at the option of the State of Mississippi, may be called in for payment and redemption at the call price named therein and accrued interest on such date or dates named therein.

SECTION 9. The bonds issued under the provisions of Sections 1 through 18 of this act are general obligations of the State of Mississippi, and for the payment thereof the full faith and credit of the State of Mississippi is irrevocably pledged. If the funds appropriated by the Legislature are insufficient to pay the principal of and the interest on such bonds as they become due, then the deficiency shall be paid by the State Treasurer from any funds in the State Treasury not otherwise appropriated. All such bonds shall contain recitals on their faces substantially covering the provisions of this section.

SECTION 10. Upon the issuance and sale of bonds under the provisions of Sections 1 through 18 of this act, the commission shall transfer the proceeds of any such sale or sales to the special funds created in Sections 2 and 3 of this act in the amounts provided for in Section 4(2) of this act. The proceeds of such bonds shall be disbursed solely upon the order of the Department of Finance and Administration under such restrictions, if any, as may be contained in the resolution providing for the issuance of the bonds.

SECTION 11. The bonds authorized under Sections 1 through 18 of this act may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required by Sections 1 through 18 of this act. Any resolution providing for the issuance of bonds under the provisions of Sections 1 through 18 of this act shall become effective immediately upon its adoption by the commission, and any such resolution may be adopted at any regular or special meeting of the commission by a majority of its members.

SECTION 12. The bonds authorized under the authority of Sections 1 through 18 of this act may be validated in the Chancery Court of the First Judicial District of Hinds County, Mississippi, in the manner and with the force and effect provided by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds. The notice to taxpayers required by such statutes shall be published in a newspaper published or having a general circulation in the City of Jackson, Mississippi.

SECTION 13. Any holder of bonds issued under the provisions of Sections 1 through 18 of this act or of any of the interest coupons pertaining thereto may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights granted under Sections 1 through 18 of this act, or under such resolution, and may enforce and compel performance of all duties required by Sections 1 through 18 of this act to be performed, in order to provide for the payment of bonds and interest thereon.

SECTION 14. All bonds issued under the provisions of Sections 1 through 18 of this act shall be legal investments for trustees and other fiduciaries, and for savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi, and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and political subdivisions for the purpose of securing the deposit of public funds.

SECTION 15. Bonds issued under the provisions of Sections 1 through 18 of this act and income therefrom shall be exempt from all taxation in the State of Mississippi.

SECTION 16. The proceeds of the bonds issued under Sections 1 through 18 of this act shall be used solely for the purposes herein provided, including the costs incident to the issuance and sale of such bonds.

SECTION 17. The State Treasurer is authorized, without further process of law, to certify to the Department of Finance and Administration the necessity for warrants, and the Department of Finance and Administration is authorized and directed to issue such warrants, in such amounts as may be necessary to pay when due the principal of, premium, if any, and interest on, or the accreted value of, all bonds issued under Sections 1 through 18 of this act; and the State Treasurer shall forward the necessary amount to the designated place or places of payment of such bonds in ample time to discharge such bonds, or the interest thereon, on the due dates thereof.

SECTION 18. Sections 1 through 18 of this act shall be deemed to be full and complete authority for the exercise of the powers herein granted, but Sections 1 through 18 of this act shall not be deemed to repeal or to be in derogation of any existing law of this state.

SECTION 19. Section 39-5-23, Mississippi Code of 1972, is amended as follows:

39-5-23. (1) The Mississippi Department of Archives and History is hereby authorized and empowered to solicit and accept donations, bequests, devises, gifts and grants of money from individuals, organizations and federal, state and local governmental bodies, to be deposited in the Historic Properties Trust Fund which is hereby created in the State Treasury. Contributions to the Historic Properties Trust Fund may be undesignated or earmarked for the purpose of acquiring, preserving, restoring, supporting, operating and administering Mississippi Landmark properties or for use on specific historical projects that have been authorized by the Department of Archives and History. The Mississippi Department of Archives and History may deposit federal funds received under Section 2 of House Bill No. 1682, 2000 Regular Session, into the Historic Properties Trust Fund and may use such funds for the purposes provided in subsection (2) of Section 2 of House Bill No. 1682, 2000 Regular Session. The State Treasurer shall invest all monies in the Historic Properties Trust Fund as other state funds are authorized to be invested, and any interest earned shall be deposited into the fund.

(2) The Mississippi Department of Archives and History is hereby authorized and empowered to solicit and accept donations, bequests, devises, gifts and grants of money and real and personal property. The Board of Trustees of the Department of Archives and History may, in its discretion, sell such real and personal property by public or private sale and shall deposit proceeds derived from such sale into the Historic Properties Trust Fund.

(3) (a) The Board of Trustees of the Mississippi Department of Archives and History is authorized to establish the Mississippi Landmark Grant Program within the Historic Properties Trust Fund to help ensure the preservation of Mississippi Landmark properties.

(b) The Board of Trustees of the Mississippi Department of Archives and History may deposit funds appropriated by the Legislature, or funds transferred from the Historic Properties Financing Fund as specified in Section 89-12-37(2), into the account established for the Mississippi Landmark Grant Program within the Historic Properties Trust Fund. All funds deposited in the account for the Mississippi Landmark Grant Program shall be used exclusively for the purpose of acquiring, preserving, restoring, supporting, operating and administering Mississippi Landmark properties or those properties to be designated as Mississippi Landmarks.

(c) The board of supervisors of every county and the governing authorities of every municipality in the state may make contributions to the Mississippi Department of Archives and History, to be deposited into the account for the Mississippi Landmark Grant Program. Such contributions may be undesignated or earmarked for use on specific Mississippi Landmark properties.

(d) The Board of Trustees of the Mississippi Department of Archives and History shall have all powers necessary to implement and administer the Mississippi Landmark Grant Program, and the board of trustees shall promulgate all rules and regulations necessary for the implementation and administration of the program.

SECTION 20. This act shall take effect and be in force from and after its passage.