MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Wildlife, Fisheries and Parks; Ways and Means
By: Representative Parker, Pierce, Hamilton (109th), Robinson (84th), Green
AN ACT TO AUTHORIZE THE MISSISSIPPI COMMISSION ON WILDLIFE, FISHERIES AND PARKS TO EXECUTE A SIXTEENTH SECTION PUBLIC SCHOOL TRUST LANDS RECREATIONAL LEASE WITH THE GEORGE COUNTY BOARD OF EDUCATION FOR THE PURPOSE OF ACQUIRING PROPERTY UPON WHICH SHALL BE CONSTRUCTED A STATE LAKE AND SUCH OTHER FACILITIES AS PROVIDED FOR UNDER THE LAWS AMENDED BY THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following provisions shall apply to the lake described in subsection (1)(b)(vi) of Section 2 of Chapter 464, Laws of 1999, as amended by Chapter 386, Laws of 2000, to be constructed in George County, Mississippi:
(a) Upon successful completion of all state and federal permits and before the bidding of any construction contract, the Mississippi Commission on Wildlife, Fisheries and Parks may execute a sixteenth section public school trust lands recreational lease with the George County Board of Education for the lake and all necessary surrounding land. The terms and conditions of the lease shall be negotiated by the Mississippi Commission on Wildlife, Fisheries and Parks, the George County Board of Education and the Secretary of State, pursuant to Section 29-3-1 et seq. The commission shall be responsible for payment of all rents, fees and assessments to the George County Board of Education for the lake. The term of any lease shall begin on the start of a new state fiscal year.
(b) If for any reason, the commission defaults in the payment of annual rental payments under the sixteenth section public school trust land lease for the lake, the Legislature shall appropriate and pay over to the George County School District an amount equal to all sums due for rent, interest and penalties due under said lease. The Legislature shall offset the amount of such appropriated rent by deducting a like amount from any other state funds due or to become due to George County.
(c) If the Mississippi Commission on Wildlife, Fisheries and Parks or the Legislature fails to make the required annual payments, then the default shall be deemed a commission of waste, and the George County Board of Education shall have all rights pursuant to Section 29-3-85, and any other applicable statutes, to restore the sixteenth section land to timber production or other use pursuant to Section 29-3-33. The rights pursuant to Section 29-3-85 shall be effective upon proof that the Legislature has failed to provide for the required annual payments at the next regular session of the Legislature convening immediately following the default by the Mississippi Commission on Wildlife, Fisheries and Parks.
SECTION 2. This act shall take effect and be in force from and after its passage.