House Bill 27

AN ACT TO AMEND SECTION 55-3-54, MISSISSIPPI CODE OF 1972, TO CREATE SPECIAL TRUST ACCOUNTS WITHIN THE "STATE PARKS TIMBER MANAGEMENT ENDOWMENT FUND" FOR TIMBER HARVESTED FROM WILDLIFE MANAGEMENT AREAS AND STATE LAKES; TO RESTRICT THE USE OF FUNDS IN SUCH ACCOUNTS; TO REQUIRE THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS TO ADOPT INTERNAL ACCOUNTING CONTROLS TO PROVIDE THAT TIMBER ENDOWMENT FUNDS SHALL NOT BE CLASSIFIED AS PROGRAM INCOME UNDER ANY PROGRAM RECEIVING FEDERAL FUNDS; TO AMEND SECTIONS 55-3-11, 55-3-15 AND 49-5-15, MISSISSIPPI CODE OF 1972 TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 55-3-54, Mississippi Code of 1972, is amended as follows:

55-3-54. (1) There is created in the State Treasury a special fund to be known as the "State Parks Timber Management Endowment Fund." The fund shall consist of all monies required to be deposited therein under the provisions of Section 55-3-53. The principal of the fund shall remain inviolate and shall be invested as provided by law. Interest and income derived from investment of the principal of the fund may be expended by the Mississippi Department of Wildlife, Fisheries and Parks, upon appropriation by the Legislature, only for the purpose of constructing, reconstructing, repairing, renovating or making improvements to real and personal property and facilities on any of the state parks under the jurisdiction and control of the Commission on Wildlife, Fisheries and Parks. 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 on amounts in the fund shall be deposited to the credit of the fund.

(2) There is established a special trust account to be known as the "Wildlife Management Area Timber Endowment Account" within the "State Parks Timber Management Endowment Fund." Any revenues received from the sale of timber on wildlife management areas, refuges and preserves shall be deposited into the account. The principal of the account shall remain inviolate and shall be invested as provided by law. Interest and income derived from investment of the principal of the account may be expended by the Mississippi Department of Wildlife, Fisheries and Parks, upon appropriation by the Legislature, only for the purpose of management, improvement and acquisition of wildlife management areas. Unexpended amounts remaining in the account at the end of a fiscal year shall not lapse into the State General Fund, but shall remain in the account. Interest earned on amounts in the account shall be deposited to the credit of the account.

(3) There is established a special trust account to be known as the "State Lakes Timber Endowment Account" within the "State Parks Timber Management Endowment Fund." Any revenues received from the sale of timber on state lakes shall be deposited into the account. The principal of the account shall remain inviolate and shall be invested as provided by law. Interest and income derived from investment of the principal of the account may be expended by the Mississippi Department of Wildlife, Fisheries and Parks, upon appropriation by the Legislature, only for the purpose of management, improvement and acquisition of state lakes. Unexpended amounts remaining in the account at the end of a fiscal year shall not lapse into the State General Fund, but shall remain in the account. Interest earned on amounts in the account shall be deposited to the credit of the account.

(4) The Department of Wildlife, Fisheries and Parks shall adopt internal accounting controls to ensure that expenditures from the special timber funds and accounts shall not be classified as program income in any program receiving federal grant monies.

SECTION 2. Section 55-3-11, Mississippi Code of 1972, is amended as follows:

55-3-11. The State Forestry Commission shall have the control and management of any and all forests or public parks set aside and dedicated as provided for in Section 55-3-7, and shall have authority to issue grazing or farming permits or leases on said parks, and to make sales of timber and other forest products of the soil from same. The Mississippi Commission on Wildlife, Fisheries and Parks shall have the control and management of any and all lands set aside and dedicated for a fish and game refuge and/or preserve. The commission shall deposit any revenue from the sale of timber from refuges and preserves into the special trust account as provided under Section 55-3-54. The State Forestry Commission and the Mississippi Commission on Wildlife, Fisheries and Parks shall cooperate in the utilization of any lands so dedicated both for forestry and game and fish conservation purposes.

In the case of state forests and/or state parks, the State Forestry Commission, and, in the case of fish and game preserves, the Mississippi Commission on Wildlife, Fisheries and Parks, is hereby vested with authority to institute proceedings against trespassers and others in the name of the State of Mississippi, and to do all things necessary and proper to obtain the most complete and advantageous developments of state forests, parks, and fish and game preserves.

SECTION 3. Section 55-3-15, Mississippi Code of 1972, is amended as follows:

55-3-15. Seventy-five percent (75%) of the gross revenue derived from state forests shall be paid into the State Treasury to the credit of the General Fund. Twenty-five percent (25%) derived from state forests shall be paid into the school fund of the county from which the revenue is derived, payment being made to the county as compensation for possible loss of revenue. Seventy-five percent (75%) of the gross revenue derived from fish and game refuges and/or preserves created and established by the Department of Wildlife, Fisheries and Parks * * * shall be paid to the special trust account as provided in Section 55-3-54, and twenty-five percent (25%) of such gross revenue shall be paid into the school fund of the county from which the revenue is derived.

SECTION 4. Section 49-5-15, Mississippi Code of 1972, is amended as follows:

49-5-15. The commission may contract with any county or counties in which such a game and fish management project or game and fish hunting and fishing refuge may be located or any municipality located in such county, for the joint support and maintenance thereof so that the cost of acquisition, construction and maintenance of such project may be borne jointly by such agencies. The commission may use any revenues from the sale of timber, mineral leases on such land, any donations made to such a project by any agency of the federal government or the State of Mississippi or fees collected for permits granted for hunting and fishing thereon toward financing same. The commission shall deposit any revenue from the sale of timber into the special trust account as provided in Section 55-3-54.

SECTION 5. This act shall take effect and be in force from and after its passage.