House Bill 1520

AN ACT TO REQUIRE THE MISSISSIPPI DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS, WITH THE APPROVAL OF THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS, TO IDENTIFY CERTAIN AREAS WITHIN STATE PARKS FOR THE INSTALLATION OF EQUIPMENT TO PROVIDE WIRELESS INTERNET (WI-FI) ACCESS TO PATRONS OF THE PARKS; TO REQUIRE THE COMMISSION TO ESTABLISH CRITERIA FOR IDENTIFYING SUCH AREAS; TO REQUIRE THE DEPARTMENT, WITH APPROVAL OF THE COMMISSION, TO ENTER INTO CONTRACTS OR AGREEMENTS WITH A SERVICE PROVIDER FOR THE PURPOSE OF INSTALLING, MAINTAINING AND SERVICING ANY EQUIPMENT THAT PROVIDES WIRELESS INTERNET (WI-FI) ACCESS; TO AMEND SECTION 55-3-33, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The Mississippi Department of Wildlife, Fisheries and Parks, with the approval of the Commission on Wildlife, Fisheries and Parks, shall identify certain areas within each state park under its control and jurisdiction for installation of the necessary utility equipment for the purpose of providing wireless Internet (Wi-Fi) access that allows an electronic device to exchange data wirelessly over a computer network to patrons of the parks. The commission shall establish criteria for identifying such areas, including, but not limited to, whether or not the land or property is owned by the state in fee simple, or, whether the land or property is leased from the federal government or an agency thereof, and may be restricted by federal law or regulations or by the terms of such lease to limited utility purposes.

(2) Before approving any area in a state park for installation of Wi-Fi enabling equipment, the commission must make an affirmative finding and enter upon its official minutes a statement that such equipment will not be incompatible with the outdoor recreational purposes and opportunities existing at the park.

SECTION 2. The department, with approval of the commission, shall enter into contracts or agreements with an information utility service provider for the purpose of installing, maintaining and servicing any equipment in a state park that provides wireless Internet (Wi-Fi) access for electronic devices capable of wireless communication. The contract or agreement may be upon any terms and for any time as the parties may agree, and may provide that the contract or agreement shall continue in effect until a cancellation of service has been made to the service provider.

SECTION 3. Section 55-3-33, Mississippi Code of 1972, is amended as follows:

55-3-33. (1) The Mississippi Department of Wildlife, Fisheries and Parks shall have the power and authority, and it shall be its duty to:

(a) Take charge and have full jurisdiction and control over all state parks, which parks shall be operated for the purpose of providing outdoor recreational activities and enjoyment for the citizens of the State of Mississippi and for the purpose of attracting visitors to the state.

(b) Set up a uniform accounting procedure for the state parks and prescribe the manner in which books, records and accounts shall be kept, which procedure shall account for all monies taken in and expended by the various parks and shall provide for periodic audits of such books.

(c) Accept gifts, bequests of money or other property, real or personal, to be used for the purpose of advancing the recreation and conservation interests in state parks. The department is authorized, subject to approval by the State Legislature, to purchase property, real or personal, to be used for state park purposes.

(d) Contract with the State Transportation Commission, any municipality or board of supervisors of the state for locating, constructing and maintaining roads and other improvements in state parks and for payment of a part of the costs thereof; however, no county or municipality more than twenty-five (25) miles distant from a state park may contract for, or do, or pay for any such work for a state park other than the International Gardens of Mississippi. Any county or municipality authorized to assist financially under the provisions of Sections 55-3-31 through 55-3-51 is authorized, in the discretion of its respective governing authority, to set aside, appropriate and expend monies from the General Fund for the purpose of defraying such expense after a mandatory election is held on the question within the county or municipality.

(e) Designate employees as peace officers with power to make arrests for infraction of the rules and regulations of the department. Such officers are authorized to carry weapons and to enforce the laws of the State of Mississippi within the confines of a state park.

(f) Enforce and delegate the responsibility to enforce all reasonable rules and regulations governing the occupancy and use of lands and waters in state parks under its jurisdiction, supply recreational and conservation facilities and charge fees for the use of same; review all rates and charges for facilities and accommodations furnished at the various state parks annually, making such charges as are justified; and establish fees for entrance to state parks.

(g) To periodically establish a discounted fee or fees for the entry and use of selected state parks and recreational facilities. The discounted fee or fees shall only be used for the purpose or purposes of marketing and promotion to increase the patronage and revenue of those selected parks and facilities. The discounted fee or fees shall not be considered a donation of state property.

Each park shall retain from revenues generated therein, a sum sufficient to pay necessary expenses of operation, but in no event to be less than seventy-five percent (75%) of such revenues.

(h) To enter into agreements and contracts with any person or with any private entity, for the purpose of installing, maintaining and servicing any equipment installed in a state park that provides wireless Internet (Wi-Fi) access for electronic devices capable of wireless communication, as authorized under Sections 1 and 2 of this act. The department is ultimately responsible for the proper and adequate maintenance, management and operation of the park and its offered amenities.

(2) The department shall have the authority to lease to any entity, sell and convey or otherwise transfer to any county or municipality, or close any state park or historical site within its jurisdiction which received a general fund subsidy in fiscal year 1985 in excess of Two Dollars ($2.00) per visitor to such state park or historical site; provided, however, that this authority shall not include the authority to sell, lease or convey any park that was not in operation under the jurisdiction of the department for a full fiscal year prior to fiscal year 1986.

(3) The department may execute agreements with rails-to-trails and recreational districts by which the department will assume responsibility for the operation and maintenance of trails developed under Sections 55-25-1 through 55-25-15.

SECTION 4. This act shall take effect and be in force from and after July 1, 2013.