House Bill 1438

AN ACT TO CREATE THE RECREATIONAL FACILITIES ACTIVITY PROGRAM FUND; TO CREATE A RURAL RECREATIONAL ACTIVITY FUND IN EACH COUNTY IN ORDER TO PROVIDE FUNDS FOR THE CONSTRUCTION AND MAINTENANCE OF RECREATIONAL FACILITIES ON PUBLIC SCHOOL PROPERTY OR COUNTY-OWNED OR LEASED PROPERTY IN RURAL COMMUNITIES WHICH IS EASILY ACCESSIBLE BY SCHOOLS; TO PROVIDE THAT THE RECREATIONAL FACILITIES ACTIVITY PROGRAM FUND SHALL BE ADMINISTERED BY THE STATE DEPARTMENT OF EDUCATION; TO PROVIDE THAT THOSE SCHOOLS LOCATED IN AREAS OUTSIDE THE LIMITS OF ANY INCORPORATED MUNICIPALITY SHALL BE ELIGIBLE TO PARTICIPATE IN AND RECEIVE FUNDS FROM THE RECREATIONAL FACILITIES ACTIVITY PROGRAM FUND; TO REQUIRE JOINT PARTICIPATION BETWEEN THE STATE AND COUNTIES IN PROVIDING FUNDS FOR THE RECREATIONAL FACILITIES ACTIVITY PROGRAM FUND; TO PROVIDE THAT THE STATE SHALL CONTRIBUTE SEVENTY-FIVE PERCENT OF THE NECESSARY FUNDS AND THE COUNTIES SHALL CONTRIBUTE TWENTY-FIVE PERCENT OF THE NECESSARY FUNDS EACH YEAR TO THE FUND; TO PROVIDE THAT EACH COUNTY'S TWENTY-FIVE PERCENT CONTRIBUTION SHALL COME FROM THE COUNTY'S GENERAL FUND; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) There is created in the State Treasury a trust fund to be known as the "Recreational Facilities Activity Program Fund." There shall be deposited into the trust fund not less than Ten Million Dollars ($10,000,000.00) annually, seventy-five percent (75%) of which shall be contributed by an appropriation of the state, and twenty-five percent (25%) of which shall be contributed by each of the counties in the state collectively, each county contributing Thirty Thousand Four Hundred Eighty-eight Dollars ($30,488.00). Each county's contribution must come from the county's general fund. The State Treasurer may invest the money in the Recreational Facilities Activity Program Fund in the same type of investments as authorized by Section 7-9-103. Any funds appropriated by the state to the Recreational Facilities Activity Program Fund which are not used during the then current fiscal year shall not lapse into the State General Fund, but will remain in the account of the Recreational Facilities Activity Program Fund. Any interest earned on the money in the fund will be reinvested into the fund.

(2) The fund shall be administered by the State Department of Education. The department shall establish a maximum amount of funds that may be provided to a particular county for the purpose of constructing and maintaining recreational facilities on school property or on county owned or leased property that is easily accessible by schools.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.