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 AMEND CHAPTER 464, LAWS OF 1999, AS AMENDED BY CHAPTER 386, LAWS OF 2000, 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. Chapter 464, Laws of 1999, as amended by Chapter 386, Laws of 2000, is amended as follows:
Section 1. As used in this act, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a) "Accreted value" of any bond means, as of any date of computation, an amount equal to the sum of (i) the stated initial value of such bond, plus (ii) the interest accrued thereon from the issue date to the date of computation at the rate, compounded semiannually, that is necessary to produce the approximate yield to maturity shown for bonds of the same maturity.
(b) "State" means the State of Mississippi.
(c) "Commission" means the State Bond Commission.
Section 2. (1) (a) A special fund, to be designated as the "1999 Department of Wildlife, Fisheries and Parks Improvements 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 and investment earnings on amounts in the fund shall be deposited into such fund.
(b) Monies deposited into the fund shall be disbursed, in the discretion of the Department of Finance and Administration, to pay the costs of capital improvements, renovation and/or repair of existing facilities, furnishing and/or equipping facilities and purchasing real property for public facilities for the Department of Wildlife, Fisheries and Parks for the following projects:
(i) Critical dam repairs to lakes
in, and renovation and repair of existing facilities
and equipping facilities at the following parks and
fishing lakes:
Bolivar..................................... $ 500,000.00
Neshoba..................................... 450,000.00
Tom Bailey.................................. 275,000.00
Roosevelt................................... 150,000.00
Trace....................................... 800,000.00
Legion...................................... 100,000.00
Percy Quinn................................. 100,000.00
Walthall County............................. 700,000.00
Tombigbee................................... 100,000.00
Perry County................................ 100,000.00
TOTAL............... $ 3,275,000.00
(ii) Repairs, renovation and
construction at the following state fish
hatcheries:
Turcotte.................................... $ 200,000.00
Meridian.................................... 250,000.00
Lyman....................................... 1,000,000.00
North Mississippi........................... 1,000,000.00
TOTAL............... $ 2,450,000.00
(iii) Construction of new
headquarters buildings, and renovation and
repair of existing headquarters buildings as
considered necessary and appropriate by the
Department of Wildlife, Fisheries and Parks
at the following wildlife management areas:
Tuscumbia, Yockanookany, Choctaw, Chickasaw,
Calhoun, Grenada, Chickasawhay, Sunflower... $ 1,550,000.00
(iv) Construction of new, and
renovation and repair of equipment sheds as
considered necessary and appropriate by the
Department of Wildlife, Fisheries and Parks
at the following wildlife management areas:
Black Prairie, Trim Cane, Malmaison,
Caney Creek, Tallahala, Bienville,
Chickasawhay, Sandy Creek, Caston
Creek, Little Biloxi, Old River,
Upper and Lower Pascagoula, Wolf
River....................................... $ 150,000.00
(v) Construction of new
facilities
and storage sheds, and renovation
and repair of existing facilities and storage
sheds at the following state lakes:
Lamar Bruce, Simpson County, Bogue Homa,
Kemper County, Jeff Davis, Bill Waller,
Mary Crawford, Oktibbeha County, Tippah
County, Monroe County........................ $ 875,000.00
(vi) Construction of lakes
(including, but not limited to construction
of dams, drainage structures and spillways
related to such lakes), and construction of
facilities, buildings, day use areas, campsites,
infrastructure, utilities, roads, boat ramps
and parking for such lakes in the following
counties:
Copiah County............................... $ 3,250,000.00
George County............................... 3,500,000.00
TOTAL............... $ 6,750,000.00
(vii) Repair, renovation,
reconstruction or resurfacing of a certain
public road in Yalobusha County beginning at
Mississippi Highway 32 and extending northerly
to the entrance of George Payne Cossar State
Park............................................. $ 200,000.00
(viii) Repair, renovation
and restoration of Lakeland Park in Wayne
County........................................... $ 100,000.00
(ix) Repair, renovation,
reconstruction and resurfacing of certain
public roads in Panola County beginning at
the intersection of John Harmon Road and
Mississippi Highway 315 and extending
northerly along John Harmon Road and thence
easterly along State Park Road to John Kyle
State Park. Any state aid road funds or other
funds that may be available for such road
projects may be used to match any of the funds
authorized under this subparagraph (ix).
However, if no state aid road funds or other
funds are available to match the funds made
available under this subparagraph (ix), then
the funds authorized under this subparagraph
(ix) may be used for the road project along
State Park Road, and any remaining funds may
be used on the John Harmon Road project.......... $ 500,000.00
(x) Paving a walking/bicycle
path at Percy Quinn State Park................... $ 25,000.00
(xi) Repair and renovation of
manager and assistant manager residences at
Percy Quinn State Park........................... $ 50,000.00
GRAND TOTAL......... $15,925,000.00
(c) If a project described in paragraph (b) of this subsection is completed without utilizing the full amount of the funds allocated for such project, the Department of Wildlife, Fisheries and Parks may utilize such excess funds as necessary to complete any of the other projects described in paragraph (b) of this section.
(2) Amounts deposited into such special fund shall be disbursed to pay the costs of projects described in subsection (1) of this section. Promptly after the commission has certified, by resolution duly adopted, that the projects described in subsection (1) shall have been completed, abandoned, or cannot be completed in a timely fashion, any amounts remaining in such special fund shall be applied to pay debt service on the bonds issued under this act, in accordance with the proceedings authorizing the issuance of such bonds and as directed by the commission.
(3) The Department of Finance and Administration, acting through the Bureau of Building, Grounds and Real Property Management, is expressly authorized and empowered to receive and expend any local or other source funds in connection with the expenditure of funds provided for in this section. The expenditure of monies deposited into the special fund shall be under the direction of the Department of Finance and Administration, and such funds shall be paid by the State Treasurer upon warrants issued by such department, which warrants shall be issued upon requisitions signed by the Executive Director of the Department of Finance and Administration or his designee.
(4) The Department of Finance and Administration is authorized to pay for the purchase of real estate, construction, repair, renovation, furnishing and equipping of facilities.
Section 3. (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 Section 2 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 this act shall not exceed Fifteen Million Nine Hundred Twenty-five Thousand Dollars ($15,925,000.00).
(2) Any investment earnings on amounts deposited into the special fund created in Section 2 of this act shall be used to pay debt service on bonds issued under this act, in accordance with the proceedings authorizing issuance of such bonds.
Section 4. The principal of and interest on the bonds authorized under Section 3 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 5. The bonds authorized by Section 3 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 6. All bonds and interest coupons issued under the provisions of this act have all the qualities and incidents of negotiable instruments under the provisions of the 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 Uniform Commercial Code.
Section 7. The commission shall act as the issuing agent for the bonds authorized under Section 3 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 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 bond shall be published at least one (1) 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 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 8. The bonds issued under the provisions 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 9. Upon the issuance and sale of bonds under the provisions of this act, the commission shall transfer the proceeds of any such sale or sales to the special fund created in Section 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 10. The bonds authorized under 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 this act. Any resolution providing for the issuance of bonds under the provisions 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 11. The bonds authorized under the authority 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 12. Any holder of bonds issued under the provisions 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 this act, or under such resolution, and may enforce and compel performance of all duties required by this act to be performed, in order to provide for the payment of bonds and interest thereon.
Section 13. All bonds issued under the provisions 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 14. Bonds issued under the provisions of this act and income therefrom shall be exempt from all taxation in the State of Mississippi.
Section 15. The proceeds of the bonds issued under this act shall be used solely for the purposes herein provided, including the costs incident to the issuance and sale of such bonds.
Section 16. 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 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 17. The following provisions shall apply to the lake described in subsection (1)(b)(vi) of Section 2 of this act to be constructed in George County:
(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 may 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 18. This act shall be deemed to be full and complete authority for the exercise of the powers herein granted, but this act shall not be deemed to repeal or to be in derogation of any existing law of this state.
SECTION 2. This act shall take effect and be in force from and after its passage.