House Bill 1357

(As Sent to Governor)

AN ACT TO AMEND SECTION 69-1-48, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE'S AUTHORITY TO BUDGET FOR IMPROVEMENTS TO DEPARTMENT PROPERTY AND MARKETING AND PROMOTION PROGRAMS AND FOR PURPOSES AS OTHERWISE APPROPRIATED BY THE LEGISLATURE SHALL BE AT THE MISSISSIPPI AGRICULTURE AND FORESTRY MUSEUM IN JACKSON, MISSISSIPPI; TO PROVIDE THAT THE EXPENDITURE OF SUCH FUNDS SHALL BE UPON APPROPRIATION OF THE LEGISLATURE; TO PROVIDE THAT LEASES CONCERNING NAMING RIGHTS UNDER THIS SECTION SHALL BE SUBJECT TO APPROVAL BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION; TO DELETE THE AUTHORITY OF THE DEPARTMENT TO ESCALATE CERTAIN FUNDS; TO AMEND SECTION 69-5-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE'S AUTHORITY TO EXPEND CERTAIN FUNDS SHALL BE SUBJECT TO APPROPRIATIONS; TO REQUIRE CERTAIN FUNDS TO BE PLACED IN A SPECIAL FUND; TO PROVIDE THAT LEASES CONCERNING NAMING RIGHTS UNDER THIS SECTION SHALL BE SUBJECT TO APPROVAL BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION; TO PROVIDE THAT THE MISSISSIPPI STATE FAIR SHALL BE HELD IN JACKSON, MISSISSIPPI ON THE STATE FAIRGROUNDS AS DEFINED BY THIS SECTION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 69-1-48, Mississippi Code of 1972, is amended as follows:

69-1-48. (1) For purposes of this section, the following words shall have the meanings ascribed herein:

(a) "Department" means the Mississippi Department of Agriculture and Commerce.

(b) "Museum" means the Mississippi Agriculture and Forestry Museum located at 1150 Lakeland Drive, Jackson, Mississippi, 39216.

(2) The department may accept, budget, receive and expend funds from any source for improvements to * * * ~~department property~~ the museum and for marketing and promotion programs for events at the museum for purposes as otherwise appropriated by the Legislature. The expenditure of funds under this section shall be subject to appropriation by the Legislature.

(3) (a) The department may allow a federal, state * * *, or local governmental entity, or a public, private, commercial or charitable entity to use, publish or advertise the entity's name on department property and in its publications. Furthermore, subject to approval by the Department of Finance and Administration, the commissioner may lease to any public, private, commercial or charitable entity for a term not to exceed twenty (20) years naming rights for museum buildings or property, including, but not limited to, new construction, improvements to existing buildings, grounds and/or objects located on museum property in return for consideration benefitting the department. The lessee shall pay the cost of erecting, maintaining and removing signage related to the property.

(b) Any funds received from the advertising or lease of naming rights shall be retained by the department and expended for improvements to * * * ~~its property,~~ the museum upon appropriation by the Legislature and for marketing and promotion programs for events at the museum, upon appropriation by the Legislature and for purposes as otherwise appropriated by the Legislature.

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(4) (a) There is established in the State Treasury a special fund for the department for the monies collected under this section.

(b) Unexpended monies remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into the fund. The department shall not expend any monies from the fund without appropriation by the Legislature.

(5) (a) The department shall make reasonable attempts to notify the donor of any donated property or artifacts determined to be obsolete to allow such donor to retake possession of such item. If efforts to notify the donor prove unsuccessful, then the department may dispose of, auction or sell any property or artifact in the possession of the museum if the department determines that it is obsolete, no longer of value or use to the museum or unclaimed by the donor.

(b) All funds received * * * ~~under this section~~ on behalf of the museum, shall be transferred into the * * * ~~nonbudgeted~~ enterprise funds related to the museum. The enterprise funds shall be maintained in accordance with generally accepted accounting principles and regulations prescribed by the Department of Finance and Administration. The department shall not expend any funds from the enterprise funds without appropriation by the Legislature.

(c) Subject to appropriation by the Legislature, the department may expend these funds for improvements to the museum and for marketing and promotion programs for the museum in a manner consistent with the museum's historical purpose.

SECTION 2. Section 69-5-3, Mississippi Code of 1972, is amended as follows:

69-5-3. (1) The Department of Agriculture and Commerce shall set up rules and regulations consistent with the law governing the distribution of state monies for premiums or awards. It will be the duty of the department, at least twice each year, to approve premium lists or awards, and give out rules governing participants in state premium money in Mississippi. The department may invite the presidents of the various district livestock shows before the department when determining policies affecting district livestock shows.

(2) The Department of Agriculture and Commerce is hereby authorized to accept money or funds donated to the department, including funds to be awarded as prizes in livestock competition. Any money or funds received under this subsection shall be placed in a special fund. The department shall not expend any money or funds from the special fund without appropriation by the Legislature.

(3) The Department of Agriculture and Commerce shall have charge of the State Fairgrounds located in Jackson, Mississippi, including all buildings and improvements thereon, and shall have full power and authority in perfecting plans and causing to be held thereon the Mississippi State Fair and other such events that may be authorized by the department. The Mississippi State Fair shall be held on the State Fairgrounds as defined by this subsection.

(4) The Department of Agriculture and Commerce is hereby authorized to employ an attorney as prescribed in Section 69-1-14.

(5) The Department of Agriculture and Commerce may take any action authorized in Section 1 of Chapter 306, Laws of 2000.

(6) Subject to the approval of the Department of Finance and Administration, the Department of Agriculture and Commerce may allow a commercial, charitable or governmental entity to use, publish and advertise such entity's name in connection with any of the buildings, improvements, grounds or objects located on the State Fairgrounds * * * ~~in Jackson~~ as defined in subsection (3) of this section, except for the Kirk Fordice Equine Center, or in connection with any of the events conducted on the State Fairgrounds in return for a monetary consideration paid to the department. Furthermore, the department may lease to any public, private, commercial or charitable entity for a term not to exceed twenty (20) years naming rights to buildings, except for the Kirk Fordice Equine Center, or property, including, but not limited to, new construction, improvements to existing buildings, grounds and/or objects located on the State Fairgrounds as defined in subsection (3) of this section in return for consideration benefitting the commission. The lessee shall pay the cost of erecting, maintaining and removing signage related to the property. Those funds received from an entity for allowing its name to be used, published or advertised in connection with the buildings, improvements, objects or events shall be retained by the department to be used for capital improvements to the fairgrounds or in its annual operating budget subject to appropriation by the Legislature and shall be deposited in the special fund referenced in subsection (8) of this section. The department shall not enter into any such agreement with any vendor whose products are illegal for participation in or use by persons eighteen (18) years of age and under.

(7) The Commissioner of Agriculture and Commerce is authorized to form and establish a private foundation or nonprofit corporation to receive and disburse * * * ~~the~~ private funds * * * for the purpose of supporting the fairgrounds through fundraising efforts and the acceptance of donations for the benefit of the fairgrounds. The funds shall be disbursed in accordance with the guidelines described in this section, and the foundation or nonprofit corporation shall be subject to the reporting requirements described in subsection (10) of this section. All funds shall remain with the foundation until disbursement and shall not be transferred to the State General Fund. No public funds shall be deposited into the account of the private foundation or nonprofit corporation established by the department for the benefit of the State Fairgrounds, nor shall the Legislature appropriate any State General Fund or Special Fund monies to the foundation or nonprofit corporation for such purposes. All monies received by the foundation shall be maintained separately from funds allocated to the department for operating and administrative costs associated with the State Fairgrounds as defined in subsection (3) of this section. In addition to the reporting of information to be included in the annual legislative report of the department, the private foundation or nonprofit corporation shall be subject to annual financial audits by the State Auditor and by auditors of donors in the same manner as required for state agencies.

(8) The Department of Agriculture and Commerce shall have the authority to enter into a lease or right-of-way with a third party covering any land or buildings on the State Fairgrounds as defined in subsection (3) of this section, and any funds generated from such lease or right-of-way shall remain in a special fund managed by the department for the benefit of the State Fairgrounds. All monies in the special fund shall be subject to appropriation by the Legislature and may be used for capital improvements to the State Fairgrounds as defined in subsection (3) of this section, or in the department's annual operating budget for operating and administrative costs associated with the State Fairgrounds. Any unexpended funds remaining in the special fund shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited in the fund.

(9) The Department of Agriculture and Commerce is hereby authorized, with the advice of the Mississippi Fair Advisory Council, to adopt such rules and regulations as may be necessary or desirable to carry out, execute or implement the provisions of this article.

(10) The Department of Agriculture and Commerce shall report by January 1 of each year a detailed financial statement of all monies received and expended under subsection (6) and subsection (7) of this section to the Lieutenant Governor, the Speaker of the House of Representatives and the Chairman of the Senate Agriculture Committee and the Chairman of the House of Representatives Agriculture Committee and the Chairs of the Appropriations Committees of the House and Senate.

SECTION 3. This act shall take effect and be in force from and after July 1, 2024.