Senate Bill 2381

AN ACT TO AMEND SECTION 29-15-10, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE ONLY ADMINISTRATIVE COSTS THE SECRETARY OF STATE MAY RECOVER FROM THE PUBLIC TRUST TIDELANDS ASSESSMENTS FUND ARE THOSE INCURRED BY COLLECTING SUCH ASSESSMENTS; TO LIMIT THE AMOUNT OF SUCH ADMINISTRATIVE COSTS THAT MAY BE RECOVERED IN A FISCAL YEAR TO 1% OF THE TOTAL AMOUNT OF PUBLIC TRUST TIDELANDS ASSESSMENTS COLLECTED IN SUCH FISCAL YEAR; TO AUTHORIZE THE COMMISSION ON MARINE RESOURCES, THE DEPARTMENT OF MARINE RESOURCES AND OTHER STATE AGENCIES TO USE IN EACH FISCAL YEAR NO MORE THAN 10% OF THE TOTAL AMOUNT OF PUBLIC TRUST TIDELANDS ASSESSMENTS COLLECTED IN SUCH FISCAL YEAR FOR ADMINISTRATION, MANAGEMENT AND OTHER SPECIFIED PURPOSES; TO REQUIRE THAT AT LEAST 33-1/3% OF FUNDS DERIVED FROM PUBLIC TRUST TIDELANDS ASSESSMENTS SHALL BE DISBURSED TO THE GOVERNING AUTHORITY OF EITHER THE MUNICIPALITY OR COUNTY, WHICHEVER IS APPLICABLE, IN WHICH THE PROPERTY OF THE GAMING LICENSEE THAT IS PAYING THE ASSESSMENT IS LOCATED; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 29-15-10, Mississippi Code of 1972, is amended as follows:

29-15-10. (1) There is created in the State Treasury a special fund to be known as the "Public Trust Tidelands Assessments Fund." The purpose of the fund is to ensure that monies derived from the public trust tidelands assessments shall be used for the benefit of preserving and protecting the tidelands and submerged lands found within the three (3) most southern counties of the state and for other purposes of the public trust for tidelands, such as conservation, reclamation, preservation, acquisition, education, recreation, navigation, fishing, enhancement of public access to the public trust tidelands and public improvement projects as they relate to the public purposes of the public trust for tidelands. One (1) specific purpose of the fund is to ensure that the annual payment made by the state for the purchase of Deer Island shall continue uninterrupted until the purchase transaction is completed. The fund shall be administered by the Secretary of State, as trustee. Funds derived from public trust tidelands assessments may be used to cover the administrative costs for collecting the public trust tidelands assessments incurred by the Secretary of State in an amount not to exceed in any fiscal year one percent (1%) of the total amount of public trust tidelands assessments collected in that fiscal year. Funds derived from public trust tidelands assessments shall not be used to cover attorney's fees, consulting fees, professional service fees or any other fees or costs incurred by the Secretary of State. None of the funds that are in the special fund or that are required to be deposited into the special fund shall be transferred, diverted or in any other manner expended or used for any purpose other than those purposes specified in this section.

(2) (a) Any funds derived from assessments made pursuant to Section 29-1-107(4)(c) shall be deposited into the special fund.

(b) Funds paid pursuant to paragraph (a) of this subsection may be appropriated by the Legislature in an amount * * *~~necessary~~ to cover * * *~~the~~ certain administrative cost incurred by the Mississippi Commission on Marine Resources and the Department of Marine Resources for administering applications for grants from the fund and projects using the fund and costs incurred by other state agencies, as defined in Section 31-7-1, for certain research or studies. However, the aggregate of all such funds appropriated to the Commission on Marine Resources, the Department of Marine Resources and other state agencies shall be in total an amount not to exceed in any fiscal year ten percent (10%) of the total amount of public trust tidelands assessments collected in that fiscal year. Funds derived from public trust tidelands assessments shall not be used to cover attorney's fees, consulting fees, professional service fees or any other administrative costs incurred by the Commission on Marine Resources, the Department of Marine Resources or other state agencies. Next, no less than thirty-three and one-third percent (33-1/3%) of any remaining funds shall be disbursed to the governing authority of the municipality in which the property of the gaming licensee that is paying the assessment is located or to the governing authority of the county in which the property of the gaming licensee that is paying the assessment is located if the property is not within the boundaries of a municipality. The municipal or county governing authority, whichever is applicable, is authorized to use these funds for new and extra programs serving the purposes of the public trust for tidelands, such as conservation, reclamation, preservation, acquisition, education, recreation, navigation, fishing, enhancement of public access to the public trust tidelands and public improvement projects as they relate to the public purposes of the public trust for tidelands. Then, any remaining funds shall be disbursed by the commission for new and extra programs of tidelands management, such as conservation, reclamation, preservation, acquisition, education or the enhancement of public access to the public trust tidelands or public improvement projects as they relate to those lands.

(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.