MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Marine Resources; Revenue and Expenditure General Bills
By: Representative Patterson
AN ACT TO AMEND SECTION 29-15-9, MISSISSIPPI CODE OF 1972, TO LIMIT THE TYPE AND AMOUNT OF ADMINISTRATIVE COSTS INCURRED BY THE SECRETARY OF STATE THAT MAY BE COVERED BY FUNDS DERIVED FROM RENTAL OF TIDELANDS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 29-15-9, Mississippi Code of 1972, is amended as follows:
29-15-9. (1) There is created in the State Treasury a special fund to be known as the "Public Trust Tidelands Fund." The fund shall be administered by the Secretary of State as trustee.
(2) Any funds derived from
lease rentals of tidelands and submerged lands, except those funds derived from
mineral leases, or funds previously specifically designated to be applied to
other agencies, shall be transferred to the special fund. However, funds
derived from lease rentals may be used to cover the administrative cost
incurred by the Secretary of State for collecting the rentals and
administering the fund, but such amount shall not exceed one percent (1%) of
the total amount of funds derived from rentals collected in any fiscal year.
Funds derived from lease rentals shall not be used to cover attorney's fees,
consulting fees, professional service fees or other administrative cost incurred
by the Secretary of State that are not authorized by this section. Any
remaining funds derived from lease rentals shall be disbursed pro rata to the
local taxing authorities for the replacement of lost ad valorem taxes, if any.
Then, any remaining funds shall be disbursed to the commission for new and
extra programs * * * serving the purposes of the public trust for
tidelands, such as conservation, reclamation, preservation, acquisition,
education, recreation, navigation, fishing, * * * the enhancement of public access to the
public trust tidelands or public improvement projects as they relate to * * * the public purposes of the
public trust for tidelands.
(3) Any funds that are appropriated as separate line items in an appropriation bill for tideland programs or projects authorized under this section for political subdivisions or other agencies shall be disbursed as provided in this subsection.
(a) The Department of Marine Resources shall make progress payments in installments based on the work completed and material used in the performance of a tidelands project only after receiving written verification from the political subdivision or agency. The political subdivision or agency shall submit verification of the work completed or materials in such detail and form that the department may require.
(b) The Department of Marine Resources shall make funds available for the purpose of using such funds as a match or leverage for federal or other funds that are available for the designated tidelands project.
SECTION 2. This act shall take effect and be in force from and after its passage.