MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Economic Development
By: Senator(s) Hewes, Gollott
AN ACT TO AMEND SECTION 57-63-1, MISSISSIPPI CODE OF 1972, TO ENACT THE "MOMENTUM MISSISSIPPI ACT OF 2010"; TO AMEND SECTION 57-63-3, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE GOVERNMENT-PRIVATE SECTOR MOMENTUM MISSISSIPPI BOARD AS A DIVISION OF STATE GOVERNMENT WITHIN THE MISSISSIPPI DEVELOPMENT AUTHORITY AND TO DEFINE ITS PURPOSE; TO AMEND SECTION 57-63-11, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE MEMBERSHIP OF THE MOMENTUM MISSISSIPPI BOARD; TO AMEND SECTION 57-63-17, MISSISSIPPI CODE OF 1972, TO DEFINE THE RESPONSIBILITIES OF THE MOMENTUM MISSISSIPPI BOARD AND TO EMPOWER THE BOARD TO APPOINT THE EXECUTIVE DIRECTOR OF THE MISSISSIPPI DEVELOPMENT AUTHORITY; TO AMEND SECTIONS 57-63-9, 57-63-13, 57-63-15, 57-63-17, 57-63-19, 57-63-21, 57-63-23, 57-63-25, 57-63-27, 57-63-29, 57-63-33, 57-63-37 AND 57-1-5, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO AND TO TRANSFER ALL ECONOMIC DEVELOPMENT PLANNING FUNCTIONS UNDER THE FORMER ECONOMIC DEVELOPMENT AND PLANNING ACT OF 1987 TO THE MOMENTUM MISSISSIPPI BOARD; TO REPEAL SECTION 57-63-35, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR ANNUAL REQUESTS FOR SUMMARY OF DEVELOPMENT EFFORTS OF LOCAL GOVERNMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 57-63-1, Mississippi Code of 1972, is amended as follows:
57-63-1. This chapter may be cited as the "Momentum Mississippi Act of 2010."
SECTION 2. Section 57-63-3, Mississippi Code of 1972, is amended as follows:
57-63-3. (1) The Legislature finds that the prospective well-being of the people of the State of Mississippi requires that the economic development of the state should be strategically, comprehensively and exhaustively planned and that the plan be reviewed and continuously updated and systematically implemented. The Legislature further finds that the state should foster open communication between government and the private sectors of our economy and that the state should provide a policy, a vision and a framework to encourage an environment conducive to entrepreneurship and rapid development in the State of Mississippi.
(2) The Legislature hereby declares that the public policy of this state requires an overall, comprehensive and coordinated plan for maximum and accelerated economic development of the state. It is the express intent of the Legislature that such plan be developed and maintained with annual revisions as required.
(3) The Momentum Mississippi Board is hereby created and established as the advisory board to work with the Mississippi Development Authority for purposes essential to improving and promoting the health and general welfare of the people of the State of Mississippi through sustainable economic development. The Momentum Mississippi Board shall be responsible for preparing and maintaining with appropriate annual updates a long range plan for the economic development of the state. The plan shall be sufficiently broad in scope so as to address all state, national and international economic, finance and demographic, natural resource, education and infrastructure factors relating to the overall status and economic development of the state.
SECTION 3. Section 57-63-9, Mississippi Code of 1972, is amended as follows:
57-63-9. In an effort to facilitate continuing and future legislative support for long-range economic development planning, the Momentum Mississippi Board shall present status reports on its work, as it relates to the purpose and requirements of this chapter, to the Joint Legislative Budget Committee, thereby having an opportunity to interact with legislative leaders and maintain and foster communication and cooperation between all parties. The Director of the Joint Legislative Budget Committee shall coordinate the scheduling of said reports and may specify selected topics for presentation to the Joint Legislative Budget Committee. Such reports shall begin with the month of September 2010; and there shall be a minimum of three (3) reports to the committee in each fiscal year. The Director of the Joint Legislative Budget Committee may require such reports to be made orally and/or in writing to regular meetings of the Joint Legislative Budget Committee.
SECTION 4. Section 57-63-11, Mississippi Code of 1972, is amended as follows:
57-63-11. (1) The Momentum Mississippi Board * * * shall be composed of:
* * *
(a) The President of the Mississippi Economic Council.
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(b) The State Treasurer.
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(c) The Governor's Special Assistant for Economic Development.
(d) The Executive Director of the Mississippi Development Authority or his designee.
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(e) Eight (8) members * * * who shall be representatives of business and/or professional enterprises in Mississippi to be selected by the Governor * * *.
(2) It is the intent of the Legislature that the Momentum Mississippi Board will be organized, selected and constituted in such a way that it represents the most talented individuals that could possibly be assembled to address the economic development concerns and issues of this state. Momentum Mississippi Board members shall be appointed by July 1, 2010, and the Momentum Mississippi Board shall have its organizational meeting no later than August 1, 2010. The Governor shall designate from the Momentum Mississippi Board membership a * * * chairman.
(3) Terms of service of the eight (8) appointed Momentum Mississippi Board members shall be staggered so that one-fourth (1/4) of all appointments shall expire one (1), two (2), three (3) and four (4) years, respectively, from the date of their appointment. All succeeding appointments shall be for four (4) years.
SECTION 5. Section 57-63-13, Mississippi Code of 1972, is amended as follows:
57-63-13. All persons selected for service on the Momentum Mississippi Board shall be creative, knowledgeable and accomplished people with the capacity to contribute to the mission of the Momentum Mississippi Board. Momentum Mississippi Board members shall be selected by the Governor without regard for race, age or sex. Vacancies on the Momentum Mississippi Board shall be filled by the Governor in a manner consistent with original appointments.
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SECTION 6. Section 57-63-15, Mississippi Code of 1972, is amended as follows:
57-63-15. The Governor's Office of General Services shall make available office space for the Momentum Mississippi Board to include conference room facilities.
SECTION 7. Section 57-63-17, Mississippi Code of 1972, is amended as follows:
57-63-17. (1) The mission and role of the Momentum Mississippi Board shall be to function as an independent research and analytical group charged with assisting the Mississippi Development Authority in setting measurable, achievable and significant state economic development goals. The Momentum Mississippi Board shall make recommendations regarding such goals and present findings and detailed recommendations which will enable the state to achieve the stated goals. Recommendations of the Momentum Mississippi Board shall be specific to the extent that actions needed are explicitly set out and supported with in-depth analyses as to the contributions such actions would have on the total development of the state. All such recommendations shall be accompanied by specific recommendations with respect to allocation of resources, including any additional funding necessary to fund all economic development activities.
(2) The Momentum Mississippi Board shall set the qualifications for the position of the Executive Director of the Mississippi Development Authority, employ a national search firm and conduct a nationwide search for candidates, and select from that list three (3) candidates for Executive Director of the Mississippi Development Authority. Each of the three (3) candidates must meet the requirements set forth in Section 57-1-5, Mississippi Code of 1972. The names of the three (3) candidates shall be submitted to the Governor who shall, with the advice and consent of the Senate, appoint one (1) of them as executive director as provided for in Section 57-1-5, Mississippi Code of 1972.
SECTION 8. Section 57-63-19, Mississippi Code of 1972, is amended as follows:
57-63-19. With research and recommendations prepared by the Momentum Mississippi Board, the Mississippi Development Authority shall prepare a long-range state economic development action plan which shall consist of five (5) parts as provided in Sections 57-63-21 through 57-63-29 and which shall be revised and updated annually by the Mississippi Development Authority.
SECTION 9. Section 57-63-21, Mississippi Code of 1972, is amended as follows:
57-63-21. Part I of the economic development plan will identify specific, quantifiable state economic development goals to be accomplished in the next succeeding five (5), ten (10) and twenty (20) year periods. * * *
The goals adopted by the Mississippi Development Authority shall be reasonable, challenging, achievable and shall be expressed in measures of economic and educational achievement that would represent measurable, comparative and significant economic progress for the state.
SECTION 10. Section 57-63-23, Mississippi Code of 1972, is amended as follows:
57-63-23. Part II of the economic development plan shall include:
(a) An inventory and analysis of the state's competitive advantages and an inventory and analysis of factors which tend to retard economic development in Mississippi;
(b) Identification and analysis of state, national and international economic trends affecting Mississippi's economic development;
(c) An analysis and evaluation of the state's taxing effort as it affects the state's economic development efforts and an analysis of how economic development goals and objectives relate to projected short- and long-term state and local revenues and to the possible and potential impact on the revenue structure;
(d) An identification and analysis of key factors affecting economic development in the state;
(e) An identification and analysis of factors affecting industrial location and decisions affecting expansion of existing business and industry within the state;
(f) An analysis of the state's incentive programs and economic development strategies and a comparison with other states;
(g) An analysis of the state's work force and of the economic conditions that work force will face in future years;
(h) An analysis of and assessment of the minority business and commercial activity, capability, potential and needs in the state; and
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(i) An analysis and assessment of programs in other states and in the federal government which seek to foster, encourage and assist minority involvement in and contributions toward state economic development. The programs to be assessed shall include, but not be limited to, set aside procurement programs.
SECTION 11. Section 57-63-25, Mississippi Code of 1972, is amended as follows:
57-63-25. Part III of the economic development plan shall provide a procedure for monitoring the implementation of the state's economic development efforts. In formulating this procedure, the Mississippi Development Authority will survey, identify and analyze every government program and private resource and activity that is available to, that is being applied toward, or that contributes to the accomplishment of the goals set in the long-range plan. The resources and economic development activities (programs) of state government, local government, federal government and private business shall be identified and analyzed to determine the specific areas in which they contribute to achievement of the overall goals.
The planning and development districts shall be utilized fully in determining the goals established herein and shall be the primary source of information and evaluation as to local and regional economic priorities as well as the identification and reporting of local governments and local and regional private business resources available for the accomplishment of such goals.
Each agency and institution of state government involved in economic development, including the Institute for Technology Development and the state universities and junior colleges, is hereby directed to prepare and submit to the Momentum Mississippi Board, the Mississippi Development Authority and the Legislative Budget Committee work programs covering their economic development activities. The Mississippi Development Authority shall specify a uniform format for agencies to follow in preparing their reports. * * * These reports shall be incorporated by reference in Part III of the plan.
SECTION 12. Section 57-63-27, Mississippi Code of 1972, is amended as follows:
57-63-27. Part IV of the economic development plan shall be an analysis and evaluation of materials in Parts II and III of the plan. This phase of the plan shall also make an overall evaluation of the relative contributions that the resources and efforts identified in Part III are making toward achievement of the overall state economic development goals. This phase of the plan shall contain specific recommendations for inclusion in the state's overall economic development efforts (among other things) (a) specific programs for accelerating overall economic development through greater results from the state's agricultural resources; (b) specific programs for rural areas of the state and those areas and identifiable groups of people with the highest unemployment and lowest per capita incomes; (c) specific programs for international trade and the attraction of foreign investment through development of specialized, university-based or other programs; (d) the specific niches that Mississippi has and on which it should focus development efforts and/or those niches the state should seek to develop; (e) the scope and role of each university and junior college with respect to economic development efforts of each institution; and (f) specific minority enterprise assistance and development programs that would be needed and recommended as a result of the analyses required by Section 57-63-23.
This phase of the plan shall also evaluate the organization and structure of state and local economic development agencies and the assignment of functions and responsibilities for economic development among state agencies and institutions.
SECTION 13. Section 57-63-29, Mississippi Code of 1972, is amended as follows:
57-63-29. (1) Part V of the economic development plan shall consist of recommendations. Such recommendations shall be based on Part IV of the plan and shall seek to improve in every possible and feasible manner the coordination and implementation of all activities and programs to be outlined and identified as required in Part III of the plan.
(2) The plan shall make recommendations regarding new initiatives and new programs and the alteration or expansion of existing programs as deemed necessary to achieve the goals established. Such recommendations shall state specifically what is to be done, who is to do it and how it is to be done and shall also set out the cost-benefits of each recommendation.
(3) The Mississippi Development Authority, in consultation with the Momentum Mississippi Board and the Mississippi Development Authority shall develop a legislative package containing statutory actions required to implement the programs and recommendations necessary to achieve the goals established in the state long-range plan for economic development. The legislative package shall be prepared and presented in bill format.
SECTION 14. Section 57-63-33, Mississippi Code of 1972, is amended as follows:
57-63-33. The Mississippi Development Authority shall present the annual revisions of the plan to the Joint Legislative Budget Committee prior to the annual budget hearings and discuss with the joint committee Parts III, IV and V. The presentation shall review the established goals and report and assess progress for the current reporting period of achieving official goals and make recommendations for any program changes that might be needed. Additional reports shall be made to the Joint Legislative Budget Committee as requested and as required by Section 57-63-9. * * *
SECTION 15. Section 57-63-35, Mississippi Code of 1972, which provides for annual requests for summary of development efforts of local governments, is hereby repealed.
SECTION 16. Section 57-63-37, Mississippi Code of 1972, is amended as follows:
57-63-37. The first annual economic development plan shall be completed no later than December 1, 2010. The Mississippi Development Authority * * * shall present the first annual plan to the Governor, the Joint Legislative Budget Committee and to the Legislature by January 2010. * * *
SECTION 17. Section 57-1-5, Mississippi Code of 1972, is amended as follows:
57-1-5. (1) The Governor shall, with the advice and consent of the Senate, appoint from the list of three (3) candidates selected by the Momentum Mississippi Board in accordance with Section 57-63-17, Mississippi Code of 1972, an executive director who:
(a) Shall have at least a bachelor's degree, and
(b) Shall be an experienced administrator and have at least five (5) years' experience in at least one (1) of the following areas:
(i) Industrial development, or
(ii) Economic development.
(2) The executive director shall be the executive officer of the department in the execution of any and all provisions of this chapter, and his salary shall be fixed by the Governor.
(3) The executive director shall have the following powers and duties:
(a) To formulate the policy of the department regarding the economic and tourist development of the state.
(b) To use and expend any funds from state, federal or private sources coming into the department for the purposes herein provided. State funds appropriated for the department shall be expended in accordance with the regulations governing the expenditures of other state funds.
(c) To implement the duties assigned to the department and consistent with specific requirements of law, including but not limited to:
(i) Support services to include legal, finance, data processing, personnel, communications and advertising, purchasing and accounting;
(ii) Research and planning;
(iii) Outreach, agency liaison and community development;
(iv) Tourism, business travel, and film;
(v) Programs and assistance for existing state business and industry;
(vi) Recruiting new business and industry into the state;
(vii) Fostering and promoting of entrepreneurship and the creation of new business in the state;
(viii) Programs aimed at competing effectively in the international economy by increasing exports of state products and services and by promoting, developing and creating the conditions and programs that will bring about significant increases in investment in the state from other countries;
(ix) Programs relating to the development of ports;
(x) Such other areas as are within the jurisdiction and authority of the department and will foster and promote the economic development of this state;
(xi) Salaries of the associate directors, deputy directors and bureau directors may be set by the executive director of the department. The positions of associate directors, deputy directors and bureau directors shall not be state service positions.
SECTION 18. This act shall take effect and be in force from and after July 1, 2010.