House Bill 1429

AN ACT TO AMEND SECTIONS 31-31-1, 31-31-3, 31-31-5, 31-31-7 AND 31-31-9, MISSISSIPPI CODE OF 1972, TO GIVE THE MISSISSIPPI TELECOMMUNICATIONS CONFERENCE AND TRAINING CENTER COMMISSION JURISDICTION AND AUTHORITY OVER ALL MATTERS RELATING TO THE ESTABLISHMENT, DEVELOPMENT, CONSTRUCTION, FURNISHING, EQUIPPING, OPERATING AND PROMOTING OF A CONVENTION CENTER WITHIN THE CITY OF JACKSON; TO CHANGE THE NAME OF THE COMMISSION TO REFLECT SUCH JURISDICTION AND AUTHORITY; TO REVISE THE MEMBERSHIP OF THE COMMISSION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 31-31-1, Mississippi Code of 1972, is amended as follows:

31-31-1. This chapter may be cited as the "Mississippi Telecommunication Conference and Training Center and Capital City Convention Center Act."

SECTION 2. Section 31-31-3, Mississippi Code of 1972, is amended as follows:

31-31-3. As used in this chapter:

(a) "Commission" means the Mississippi Telecommunication Conference and Training Center and Capital City Convention Center Commission.

(b) "Center" means the Capital City Convention Center.

(c) "Facility" means the Mississippi Telecommunication Conference and Training Center located in the City of Jackson, Mississippi.

(d) "Fund" means the Mississippi Telecommunication Conference and Training Center Fund.

(e) "Hotel" or "motel" means and includes a place of lodging that at any one time will accommodate transient guests on a daily or weekly basis and that is known to the trade as such. Such terms shall not include a place of lodging with ten (10) or less rental units.

SECTION 3. Section 31-31-5, Mississippi Code of 1972, is amended as follows:

31-31-5. (1) There is hereby created a commission to be known as the "Mississippi Telecommunication Conference and Training Center and Capital City Convention Center Commission" which shall consist of eleven (11) members * * *. From and after July 1, 2006, the membership of the commission shall be as follows:

(a) Two (2) hotel/motel members representing hotel or motel properties located within the city limits of Jackson, Mississippi, appointed by the mayor, from a list of four (4) nominees submitted by the Central Mississippi Chapter of Mississippi Lodging Association, for initial terms of one (1) and three (3) years, respectively.

(b) Two (2) restaurant members representing restaurants located within the city limits of Jackson appointed by the mayor, from a list of four (4) nominees submitted by the Jackson Chapter of the Mississippi Restaurant Association, for initial terms of two (2) and four (4) years, respectively.

(c) Two (2) members representing the business community in the City of Jackson appointed by the mayor, from a list of four (4) nominees submitted by the Metro Jackson Chamber of Commerce for initial terms of one (1) and five (5) years, respectively. The members appointed pursuant to this paragraph shall be persons who represent businesses located within the city limits of Jackson, Mississippi.

(d) Two (2) members shall be appointed at large by the mayor for initial terms of two (2) and three (3) years, respectively. All appointments made by the mayor pursuant to this paragraph shall be residents of the City of Jackson.

(e) Two (2) members shall be appointed at large by the Governor for initial terms of two (2) and four (4) years, respectively. All appointments made by the Governor pursuant to this paragraph shall be residents of the City of Jackson.

(f) The Executive Director of the Mississippi Development Authority.

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(2) The terms of all appointments made subsequent to the initial appointment shall be made for five (5) years. Any vacancy which may occur shall be filled in the same manner as the original appointment and shall be made for the unexpired term. Each member of the commission shall serve until his successor is appointed and qualified.

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(3) The members of the commission shall serve without compensation except that members shall be paid their actual and necessary expenses in connection with the performance of their duties as members of the commission including mileage, as authorized in Section 25-3-41 and each member who is not a state employee or a public official shall be paid a per diem as authorized in Section 25-3-69. Expenses, mileage and per diem allowance shall be paid out of the Mississippi Telecommunication Conference and Training Center and Capital City Convention Center Fund.

(4) The commission shall elect from its membership a chairman, who shall preside over meetings, and a vice chairman, who shall preside in the absence of the chairman. A majority of the members of the commission shall constitute a quorum for the transaction of any and all business of the commission.

(5) The commission shall appoint a director who shall be responsible for conducting the day to day business of the commission.

SECTION 4. Section 31-31-7, Mississippi Code of 1972, is amended as follows:

31-31-7. (1) The commission shall have the following powers:

(a) To sue and be sued in its own name;

(b) To maintain offices at such places as it may designate;

(c) To establish, construct, enlarge, improve, maintain, equip, operate and regulate the facility and other property incidental thereto, including any additional property or facilities considered by the commission to promote the business, usage or economic viability of the facility;

(d) To grant to others the privilege to operate for profit concessions, leases and franchises, including but not limited to, the furnishing of food and banquet services, management services, and other services necessary to the operation of the facility and the center and such concessions, leases and franchises shall be exclusive or limited;

(e) To determine fees, rates and charges for the use of facility and center;

(f) To apply for and accept gifts, or grants of money or gifts, grants or loans of other property or other financial assistance from any source;

(g) To borrow funds needed to carry out the purposes of this chapter; * * * however, * * * such debt may be secured only by the revenues generated by the facility and center, funds generated by the tax levied pursuant to Section 31-31-11 and the proceeds of any bonds issued pursuant to this chapter;

(h) To appoint, employ or engage such officers, employees, architects, engineers, attorneys, accountants, financial advisors, investment bankers and other advisors, consultants, and agents as may be necessary or appropriate;

(i) To make, assume and enter into all contracts, leases and arrangements necessary or incidental to the exercise for its powers, including contracts for management, operation or marketing of all or any part of the facility and center;

(j) To adopt, amend and repeal rules and regulations for the use, maintenance and operation of the facility and center and governing the conduct of persons and organizations using the facility and center and to enforce such rules and regulations; and

(k) To do all things necessary or convenient to the purposes of this chapter.

(2) The commission shall have jurisdiction and authority over all matters relating to the establishment, development, construction, furnishing, equipping, operating and promoting of a convention center within the City of Jackson to be connected to the Mississippi Telecommunication Conference and Training Center located in the City of Jackson.

SECTION 5. Section 31-31-9, Mississippi Code of 1972, is amended as follows:

31-31-9. All monies and revenues collected by the commission from fees, rates and charges for the use of the facility and convention center shall be paid by the commission to the State Treasurer, to be deposited to the credit of a special fund to be known as the "Mississippi Telecommunication Conference and Training Center and Capital City Convention Center Fund." Money in the fund at the end of a fiscal year shall not lapse into the General Fund and interest earned on any amounts deposited into the fund shall be credited to the special fund. Except as otherwise provided in Section 31-31-11, all expenses incident to the operation and upkeep of the facility shall be paid out of the fund.

SECTION 6. This act shall take effect and be in force from and after July 1, 2006, if House Bill No. 1429, 2006 Regular Session, becomes law.