MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Ports and Marine Resources

By: Senator(s) Wiggins

Senate Bill 2758

(As Passed the Senate)

AN ACT TO AMEND SECTION 59-5-21, MISSISSIPPI CODE OF 1972, TO RECONSTITUTE AND REVISE THE QUALIFICATIONS OF THE BOARD OF THE STATE PORT AUTHORITY; TO TRANSFER CERTAIN DUTIES FROM THE MISSISSIPPI DEVELOPMENT AUTHORITY TO THE BOARD; TO AMEND SECTIONS 59-5-1, 59-5-7, 59-5-9, 59-5-35 AND 59-5-37, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 59-11-3, MISSISSIPPI CODE OF 1972, TO REVISE THE NUMBER OF COMMISSIONERS THAT ARE APPOINTED TO A CERTAIN COUNTY PORT AND HARBOR COMMISSION; AND FOR RELATED PURPOSES.

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

     SECTION 1.  The Legislature hereby finds that in a modern world economy where speed-to-market, seamless processes, multimodal access and flexibility are essential to successfully compete, state ports must be staffed with personnel with the expertise and knowledge in productive operations, large cargo and big ship handling, and efficient marketing.

     SECTION 2.  Section 59-5-1, Mississippi Code of 1972, is amended as follows:

     59-5-1.  This chapter may be cited as the "State Ports and Harbors Law."

     As used in this chapter the word "board" * * *shall means the * * *Mississippi Development Authority board of directors of the state port authority created in Section 59-5-21.

     SECTION 3.  Section 59-5-7, Mississippi Code of 1972, is amended as follows:

     59-5-7.  The carrying out of the corporate purposes of the board and the state port authority hereinafter created is in all respects for the benefit of the people of the State of Mississippi and is a public purpose, and the board and such state port authority will be performing an essential governmental function in the exercise of the powers conferred upon them by this chapter.

     SECTION 4.  Section 59-5-9, Mississippi Code of 1972, is amended as follows:

     59-5-9.  There is hereby vested in the board the duty to implement such declared public policy * * *as herein provided.  Wide latitude and discretion shall be vested in the board in the exercise of its powers and duties, and the enumeration of specific rights, powers, and duties of * * *said the board, when followed by general powers, shall not be construed in the restrictive sense.

     SECTION 5.  Section 59-5-21, Mississippi Code of 1972, is amended as follows:

     59-5-21.  (1)  Any port or harbor, or any part thereof, and all facilities, structures, lands or other improvements, acquired by or conveyed to the state, shall be operated by * * *the board acting and through a state port authority for such port or harbor, except as may be otherwise provided in this chapter. * * *Such  The state port authority shall be an agency of the state and shall be vested, in addition to the rights, powers and duties conferred hereunder, with the same jurisdiction and the same rights, powers and duties vested by law in the port commission or port authority or other authorized port or harbor agency having jurisdiction of such port or harbor under statutes in effect on the date of the conveyance of such port or harbor, or any part thereof, to the state.

      * * *Such state port authority shall consist of five (5) qualified electors of the city or county in which such port or harbor is located.  The initial terms of the members of such port authority shall be staggered, one (1) member thereof, to be appointed by the governing authorities of the municipality in which such port or harbor is located or adjacent to, to serve for an initial term of one (1) year, one (1) member thereof, to be appointed by the board of supervisors of the county in which such port or harbor is located, to serve for an initial term of two (2) years, and (2)  On July 1, 2013, the board of the state port authority shall be reconstituted to consist of nine (9) members.  Seven (7) shall be voting members:  five (5) appointed by the Governor, one (1) member by the governing authority of the municipality in which the port is located and one (1) member appointed by the board of supervisors in which the port is located.  The Lieutenant Governor, or his designee, and the Executive Director of the Mississippi Department of Transportation, or his designee, shall serve on the board, ex officio, as nonvoting members.

     (3)  The appointed members of the board shall be with the advice and consent of the Senate.  The initial appointments by the municipality and county shall be for a term of five (5) years.  The initial appointments to the board by the Governor shall be for staggered terms, to be designated by the Governor at the time of appointment as follows: 

          (a)  One (1) member appointed for a term of one (1) year,

          (b)  One (1)  member appointed for a term of two (2) years,

          (c)  One (1) member for a term of three (3) years,

          (d)  One (1) member for a term of four (4) years, and

          (e)  One (1) member for a term of five (5) years.

All succeeding appointments shall be for terms of five (5) years.  Any vacancy in the office of an appointed member shall be filled for the balance of the unexpired term.

     (4)  Each appointed member of the board must possess a four-year baccalaureate or more advanced degree from a recognized institution of higher learning; and have at least five (5) years of experience in one (1) or any combination of the following fields of expertise:

          (a)  Maritime shipping;

          (b)  Labor related to maritime shipping;

          (c)  Overland shipping by truck or rail, or both;

          (d)  International commerce;

          (e)  Accounting;

          (f)  Engineering; or

          (g)  Law.

     (5)  To the greatest extent possible, the Governor shall ensure that the diverse qualification and interests of the board are represented.

     (6)  The board shall elect a chairman and a secretary of the board.  A majority of the voting members shall constitute a quorum of the board.

     (7)  The members of the board of the state port authority shall organize in the same manner authorized by law for the port commission or port authority formerly having jurisdiction over such port or harbor, or any part thereof.  Members of the state port authority shall be entitled to compensation pursuant to Section 25-3-69 and travel expenses pursuant to Section 25-3-41.  In its operation of such port or harbor, or any part thereof, such state port authority shall not be responsible to the city or county, or other authorized port or harbor agency, in which such port or harbor, or any part thereof, may be located, but shall be responsible solely to the board, and the board shall have the same rights and duties and the same relationship toward such state port authority as is vested by law in the county, city or other authorized port or harbor agency in its relation to the port commission or port authority formerly having jurisdiction of such port or harbor, or part thereof.  Before entering upon the duties of the office, each of * * *said the members shall take and subscribe to the oath of office required by Section 268 of the Constitution of the State of Mississippi, and shall file same with the Secretary of State, and shall give bond in the sum of Ten Thousand Dollars ($10,000.00), with a surety company or companies, authorized to do business in this state, conditioned according to law, and to be delivered to and approved by the Treasurer of the State of Mississippi; the premiums on said bonds shall be paid from port funds.

     SECTION 6.  Section 59-5-35, Mississippi Code of 1972, is amended as follows:

     59-5-35.  The board * * *, acting jointly with the state port authority, is authorized to set aside, or lease all or portions of any lands, roads, docks, sheds, warehouses, elevators, compresses, floating dry docks, graving docks, marine railways, tugboats, or any other necessary or useful improvements constructed or acquired by it to individuals, firms, or corporations, public or private, for port, harbor, commercial or industrial purposes for a period not to exceed ninety-nine (99) years, or to execute a conveyance of sale, except as otherwise limited by law, on such terms and conditions and with such safeguards as would best promote and protect the public interest.  Any industrial lease of lands may be executed upon such terms and conditions and for such monetary rental or other consideration as may be found adequate and approved by the board in orders or resolutions authorizing the same.  Any covenants and agreements of the lessee to make expenditures in determined amounts, and within such time or times, for improvements to be erected upon the land, by such lessee and to conduct thereon industrial and/or other operations in such aggregate payroll amounts and for such period of time as may be determined and defined in such lease, and to give preference in employment where practical to residents of the State of Mississippi, and to qualified residents of the city and of the county in which such port or harbor is located, shall, if included in such lease, constitute and be deemed sufficient consideration for the execution of any such lease in the absence of monetary rental or other considerations; and such instrument may contain reasonable provisions giving the lessee the right to remove its or his improvements upon the termination of the lease.  All leases theretofore made by any port commission, port authority, or other public agency authorized by law to execute leases for port, harbor, commercial or industrial improvements, which leases are now in effect or which may be hereafter executed by any such public agency or by the board, and all structures and all improvements and other permanent facilities erected, installed or located by such lessees or their successors or assignees within the limits of any port, harbor or part thereof, may be free and exempt from all state, county, and municipal ad valorem taxes if so stipulated in such lease, and for such period as may be fixed in such lease.

     SECTION 7.  Section 59-5-37, Mississippi Code of 1972, is amended as follows:

     59-5-37.  (1)  The board * * *or of the State Port Authority, in the performance of its duties, may employ such personnel and make all contracts and purchases incidental to or necessary for the advancement, promotion, development, establishment, insurance, maintenance, repair, improvement and operation of any ports, harbors, rivers, channels and waterways including, if required for its protection, retirement benefits, workers' compensation insurance and other employee benefits for the benefit of any employees of the board or State Port Authority.  The board * * *or of the State Port Authority may establish a trade development and promotion account to pay all direct and necessary expenses for the promotion and development of the state port.  The * * *authority board is granted the power to sue and be sued in its own name.

     (2)  (a)  The board * * *or of the State Port Authority may, in its discretion, make such contracts or purchases according to the state purchasing laws.  Contracts let for any port, harbor, river, channel or waterway improvements shall be advertised as required by law for the letting of public contracts, and such contracts shall be awarded to the lowest and best bidder who shall make bond as shall be required by the board or State Port Authority conditioned for the faithful prosecution and completion of work according to such contracts, such bond to be furnished by a corporate surety company qualified to do business in this state.  However, the board may negotiate and enter into contracts with responsible lessees for the construction of facilities by lessees, such as those referred to in Section 59-5-11, and the acquisition thereof by the board upon such terms and conditions and for such amount as may be approved by the board.

          (b)  The * * *State Port Authority board shall be considered to be a "governing authority" under the state public purchasing laws as that term is defined in Section 31-7-1 and used in Sections 31-7-1 through 31-7-73, and shall not be subject to the jurisdiction of the Department of Finance and Administration, the Public Procurement Review Board or the Bureau of Building, Grounds and Real Property Management under the provisions of Sections 27-104-7, 29-5-2 and 31-11-3.

     (3)  (a)  The board * * *or State Port Authority, in its discretion, may use the design-build method of contracting for the renovation, repair and/or making of other improvements to not more than one (1) freezer and related equipment and/or facilities at the State Port at Gulfport, Mississippi.  For the purposes of this subsection (3), the term "design-build method of contracting" means a contract that combines the design and construction phases of a project into a single contract and the contractor is required to satisfactorily perform, at a minimum, both the design and construction of the project.

          (b)  This subsection (3) shall stand repealed from and after July 1, * * *2013 2014.

     SECTION 8.  Section 59-11-3, Mississippi Code of 1972, is amended as follows:

     59-11-3.  (1)  Any county port and harbor commission created pursuant to Section 59-11-1 shall be appointed as follows: * * *two (2)  three (3) members shall be appointed by the Governor, one (1) from each of the * * *two (2) three (3) municipalities of the county, which appointments shall be made from those persons recommended and nominated by the governing authorities of the municipalities, and shall be qualified electors of the county; and five (5) members shall be appointed by the board of supervisors of such county, each supervisor to recommend the appointment of one (1) member thereof.  The members of the county port and harbor commission shall serve for terms concurrent with that of the Governor and the board of supervisors making such appointment.

     (2)  Each member of the county port and harbor commission shall receive per diem compensation in an amount up to Eighty-four Dollars ($84.00) for each day engaged in attendance of meetings of the county port and harbor commission or when engaged in other duties of the county port and harbor commission, and shall be reimbursed for mileage and actual travel expenses at the rate authorized for county employees under Section 25-3-41.

     SECTION 9.  This act shall take effect and be in force from and after its passage.