Senate Bill 2877

AN ACT TO AMEND SECTION 27-115-85, MISSISSIPPI CODE OF 1972, TO CHANGE THE ANNUAL DISTRIBUTION OF THE FIRST $80,000,000.00 FROM THE LOTTERY PROCEEDS FUND SO THAT IT IS PAID TO COUNTIES AND MUNICIPALITIES, ACCORDING TO THE FORMULA FOR THE DISTRIBUTION OF USE TAX REVENUE, FOR THE OVERLAY AND RESTRIPING OF ROADS AND BRIDGES, INSTEAD OF BEING PAID INTO THE STATE HIGHWAY FUND; TO PROVIDE THAT MONIES PAID TO COUNTIES AND MUNICIPALITIES PURSUANT TO SECTION 27-115-85 MAY BE USED ONLY FOR OVERLAY AND RESTRIPING OF COUNTY AND MUNICIPAL ROADS AND BRIDGES; TO PROHIBIT COUNTIES AND MUNICIPALITIES FROM REDUCING EXISTING INFRASTRUCTURE BUDGETS AND REALLOCATING THE MONIES ALREADY EARMARKED FOR THOSE BUDGETS IN ANTICIPATION OF THE RECEIPT OF MONIES FROM THE LOTTERY PROCEEDS FUND; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 27-115-85, Mississippi Code of 1972, is amended as follows:

27-115-85. Until June 30, 2028, net proceeds generated by the Alyce G. Clarke Mississippi Lottery Law, created pursuant to this chapter and deposited into the Lottery Proceeds Fund under Section 27-115-51(2), except as otherwise provided in this section, shall be paid * * * ~~into the State Highway Fund~~ to the counties and municipalities of this state according to the formula in Section 27-67-35, by warrant issued by the State Fiscal Officer * * * ~~upon requisition of the State Transportation Commission as needed~~, to provide funds to * * * ~~repair, renovate and maintain highways~~ overlay and restripe roads and bridges of the * * * counties and municipalities.

However, all such monies deposited into the Lottery Proceeds Fund over Eighty Million Dollars ($80,000,000.00) in a fiscal year shall be transferred into the Education Enhancement Fund for the purposes of funding the Early Childhood Learning Collaborative, the Classroom Supply Fund and/or other educational purposes. From and after July 1, 2028, the net proceeds shall be deposited into the Lottery Proceeds Fund and shall be transferred to the State General Fund, except for the amounts over Eighty Million Dollars ($80,000,000.00) which shall continue to be deposited in the Education Enhancement Fund as provided above.

SECTION 2. Monies paid to counties and municipalities pursuant to Section 27-115-85 may be used only for overlay and restriping of county and municipal roads and bridges. Moreover, counties and municipalities are prohibited from reducing existing infrastructure budgets and reallocating the monies already earmarked for those budgets in anticipation of the receipt of monies from the Lottery Proceeds Fund.

SECTION 3. This act shall take effect and be in force from and after July 1, 2021.