MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Gaming; Ports and Marine Resources
By: Senator(s) Blount, Thompson, Wiggins, England, Ladner
AN ACT TO DEFINE STATE JURISDICTION OVER PUBLIC TRUST TIDELANDS AND THE AUTHORITY OF THE SECRETARY OF STATE TO APPROVE LEASES LOCATED ON PUBLIC TRUST TIDELANDS; TO CODIFY SECTION 29-15-1.1, MISSISSIPPI CODE OF 1972, TO DECLARE LEGISLATIVE INTENT RELATIVE TO PUBLIC TRUST TIDELANDS; TO AMEND SECTIONS 29-1-107, 29-15-1, 29-15-3, 29-15-5, 29-15-9, 29-15-10, 29-15-13 AND 59-15-1, MISSISSIPPI CODE OF 1972, AND TO CODIFY SECTION 29-15-2, MISSISSIPPI CODE OF 1972, TO CLARIFY THE REQUIREMENT OF A SEPARATE LEASE FROM THE SECRETARY OF STATE TO RENT LAND ON PUBLIC TRUST TIDELANDS PROPERTY, TO CLARIFY THAT THE LEASE NEEDED TO MOVE ON SHORE IS ONE WITH THE STATE OR THE STATE PORT AT GULFPORT, TO REVISE DEFINITIONS, TO PROVIDE THAT STATE-HELD TIDELANDS SUBJECT TO PUBLIC TRUST ARE PRESCRIBED IN TIDELANDS MAPS AND BOUNDARY AGREEMENTS AND COURT ORDERS CONFIRMING THE MAPS, TO CONFIRM ALL AUTHORITY OVER TIDELANDS IN THE STATE UNLESS SPECIFICALLY SEVERED OR GIVEN TO A SPECIFIC STATE AGENCY OR POLITICAL SUBDIVISION, TO CONFIRM AUTHORITY, MANAGEMENT AND ADMINISTRATIVE CONTROL OVER TIDELANDS IN THE SECRETARY OF STATE, TO CLARIFY THAT ONLY SPECIFIC ACTION BY THE LEGISLATURE CAN DIVEST THE SECRETARY OF STATE OF SUCH MANAGEMENT AND CONTROL, TO PROVIDE THAT ALL USES OF PUBLIC TRUST TIDELANDS FOR ANY GAMING PURPOSES BY A PERSON POSSESSING OR APPLYING FOR A GAMING LICENSE SHALL REQUIRE A TIDELANDS LEASE FROM THE STATE THROUGH THE SECRETARY OF STATE AND BE SUBJECT TO ANNUAL RENT, TO FURTHER CLARIFY THAT THE SECRETARY OF STATE IS THE TRUSTEE OF THE PUBLIC TRUST TIDELANDS, TO FURTHER CLARIFY THAT A TIDELANDS LEASE WITH THE SECRETARY OF STATE IS REQUIRED FOR USE OF THE TIDELANDS AND THAT STATE AGENCIES AND POLITICAL SUBDIVISIONS EXERCISING LITTORAL OR RIPARIAN RIGHTS ALSO REQUIRE A TIDELANDS LEASE, TO PROVIDE THAT THESE SECTIONS CONTROL ALL OTHER STATUTES, TO CONFIRM STATE OWNERSHIP AND CONTROL OF TIDELANDS IN THE SECRETARY OF STATE UNLESS CLEAR TITLE OR CONTROL WAS DIVESTED, TO PROVIDE THAT ADMINISTRATIVE COSTS, LEGAL FEES AND LOST AD VALOREM TAXES SHALL BE PAID OUT OF THE PUBLIC TRUST TIDELANDS FUND, TO CLARIFY THE NEED FOR A TIDELANDS LEASE EVEN IF RENT EXEMPT, TO CLARIFY THAT THE USE OF TIDELANDS FOR MUNICIPAL HARBORS REQUIRES A TIDELANDS LEASE WITH THE SECRETARY OF STATE, AND IN CONFORMITY THERETO; TO AMEND SECTIONS 87-1-5, 97-33-1, 97-33-7, 97-33-17, 97-33-25 AND 97-33-27, MISSISSIPPI CODE OF 1972, TO DEFINE AND CLARIFY THE AUTHORITY OF THE MISSISSIPPI GAMING COMMISSION IN DETERMINING LEGAL GAMING SITES AND PRELIMINARY SITE APPROVAL AND TO CLARIFY AREAS AUTHORIZED FOR GAMING CASINO OPERATIONS AND THE AUTHORITY OF THE COMMISSION TO REGULATE MINIMUM SIZE, MINIMUM IMPROVEMENTS AND OTHER PROJECT REQUIREMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 29-1-107, Mississippi Code of 1972, is amended as follows:
29-1-107. (1) The
Secretary of State, with the approval of the Governor, shall, as
far as practicable, rent or lease all lands belonging to the state, except as
otherwise provided by * * * this section, for a period of not exceeding one (1) year,
and account for the rents therefrom in the same manner as money received from
the sale of state lands, provided that no state land shall be rented or leased
to individuals, corporations, partnerships, or association of persons for
hunting or fishing purposes. Property belonging to the state in
municipalities, even though it may have been subdivided into lots, blocks,
divisions, or otherwise escheated or was sold to the state by such description,
may likewise be leased or rented by the Secretary of State under the terms
provided above for other state lands, and the rents accounted for in the same
manner. The state shall have all the liens, rights and remedies accorded to
landlords in Sections 89-7-1 through 89-7-125; said leases and rental contracts
shall automatically terminate on the date provided in said leases or contracts.
A person possessing a gaming license under the Mississippi Gaming Control
Act or who wishes to apply for a gaming license under the Mississippi Gaming
Control Act and who further uses or wishes to use Public Trust Tidelands as
part of its proposed gaming project shall be required to obtain a tidelands
lease from the Secretary of State notwithstanding any statute, law or other provision
providing other authority to municipalities and counties or any other political
subdivision to use the Public Trust Tidelands and such lease may be conditioned
upon the gaming licensee or license applicant obtaining such other necessary and
required approvals.
(2) (a) The Secretary of State, with the approval of the Governor, may rent or lease surface lands, tidelands or submerged lands owned or controlled by the State of Mississippi lying in or adjacent to the Mississippi Sound or Gulf of Mexico or streams emptying therein, for a period not exceeding forty (40) years for rental payable to the state annually. However, the term of any lease of State Public Trust Tidelands to a person possessing a license under the Mississippi Gaming Control Act shall be governed by the provisions of subsection (4) of this section.
(b) The lessee under such agreement may construct such necessary items for marking channels, docking, wharfing, mooring or fleeting vessels which shall be in aid of navigation and not obstructions thereto.
(c) A lessee of record may be given the option to renew for an additional period not to exceed twenty-five (25) years; however, the term of a renewal for a lease of State Public Trust Tidelands to a person possessing a gaming license under the Mississippi Gaming Control Act shall be governed by the provisions of subsection (4) of this section. The holder of a lease of Public Trust Tidelands, at the expiration thereof, shall have a prior right, exclusive of all other persons, to re-lease as may be agreed upon between the holder of the lease and the Secretary of State.
(d) Leases shall provide for review and rent adjustments at each fifth anniversary tied either to the All Urban Consumer Price Index-All Items (CPI) or to an appraisal which deducts the value of any improvements by the lessee which substantially enhance the value of the land. In the case where the initial rental was based on the value set by the ad valorem tax rolls, then the rent review and adjustment clause shall be likewise based on the value set by such tax rolls. In the event that the lessor and lessee cannot agree on a rental amount, the lease may be cancelled at the option of the lessor. The lessee shall, within thirty (30) days after execution of a sublease or assignment, file a copy thereof, including the total consideration therefor, with the Secretary of State. This paragraph shall not apply to a lease of State Public Trust Tidelands or submerged lands to a person possessing a gaming license under the Mississippi Gaming Control Act who operates a gaming establishment on such tidelands or submerged lands or to a person who has or will apply for a gaming license under the Mississippi Gaming Control Act and to use Public Trust Tidelands or submerged lands as part of its proposed gaming project.
(e) The Secretary of State shall not grant a lease for gaming purposes whether directly or indirectly on Public Trust Tidelands on which the sand beach was constructed or which are adjacent to the sand beach.
(3) Provided, however, the current occupants of Public Trust Tidelands that were developed after the determinable mean high-water line nearest the effective date of the Coastal Wetlands Protection Law shall pay an annual rental based on the fair market value as determined by the assessed valuation of the property. The holder of a lease of Public Trust Tidelands, at the expiration thereof, shall have a prior right, exclusive of all other persons, to re-lease as may be agreed upon between the holder of the lease and the Secretary of State.
(4) (a) This section shall apply to any person possessing a license under the Mississippi Gaming Control Act or who wishes to apply for a gaming license under the Mississippi Gaming Control Act and who operates or proposes to operate a gaming establishment in any of the three (3) most southern counties of the state. Any gaming licensee or proposed gaming licensee shall be required to obtain a lease from the Secretary of State to use any State Public Trust Tidelands notwithstanding any statute, law or other provision providing other authority to municipalities and counties or any other political subdivision to use the Public Trust Tidelands. To locate onshore and qualify to pay the in-lieu tidelands assessment, a gaming operation must have or show that it would have been qualified in all respects to obtain prior to August 29, 2005, a lease of Public Trust Tidelands from the State of Mississippi through the Secretary of State for a gaming operation.
(b) The following shall apply to all leases of State Public Trust Tidelands executed by such a licensee:
(i) Every lease executed after August 29, 2005, shall be for a period of thirty (30) years for rental payable to the state annually.
(ii) By operation of this section, any lease executed before August 29, 2005, may, at the option of the lessee, either remain at the term stated in the original execution of the lease or be converted to a thirty-year term lease, beginning on such date after August 29, 2005, that the lessee either resumes or begins permanent gaming activities as approved by the Mississippi Gaming Commission, and the lessee shall be required to comply with all other provisions of the lease. Should the lessee choose to operate in a structure that is not on State Public Trust Tidelands and that is on property contiguous to State Public Trust Tidelands leased by the State of Mississippi to the lessee, the lessee shall be required to comply with all other provisions of the lease with the State of Mississippi and shall be exempt from the assessment provided for in paragraph (c) of this subsection. Easements for and rights-of-way for public streets and highways shall not be construed to interrupt the contiguous nature of a parcel of property. In the event that a lessee does not elect either to remain bound by the original term of the lease with the State of Mississippi or to convert the lease to a thirty-year term, the Secretary of State may lease the State Public Trust Tidelands that are the subject of the lease to any other person or entity.
(iii) Leases shall provide for review and rent adjustments at each annual anniversary tied to the All Urban Consumer Price Index-All Items (CPI). In the case of the renewal of a lease after the expiration of the original thirty-year term under this subsection, each renewal shall be for a term of thirty (30) years. The base rate to which the CPI shall apply for purposes of executing the subsequent lease shall be negotiated by the lessee with the Secretary of State.
(c) (i) Except as
otherwise provided in this paragraph, any person possessing a license under the
Mississippi Gaming Control Act who does not lease for a gaming site Public
Trust Tidelands from the State * * * of Mississippi
by and through the Secretary of State or a state port, and who operates a
gaming establishment in any of the three (3) most southern counties of the state,
shall pay an annual in-lieu tidelands assessment to the Public Trust Tidelands
Assessments Fund (hereinafter referred to as "fund") created in
Section 29-15-10, in the amount and manner provided for in this paragraph.
For calendar year 2006, the annual in-lieu tidelands assessment paid by the licensee to the fund shall be:
1. Four Hundred Thousand Dollars ($400,000.00), if the capital investment in the part of the structure in which licensed gaming activities are conducted is Fifty Million Dollars ($50,000,000.00) or less.
2. Four Hundred Fifty Thousand Dollars ($450,000.00), if the capital investment in the part of the structure in which licensed gaming activities are conducted is equal to or more than Fifty Million Dollars ($50,000,000.00) but less than Sixty Million Dollars ($60,000,000.00).
3. Five Hundred Thousand Dollars ($500,000.00), if the capital investment in the part of the structure in which licensed gaming activities are conducted is equal to or more than Sixty Million Dollars ($60,000,000.00) but less than Seventy-five Million Dollars ($75,000,000.00).
4. Six Hundred Thousand Dollars ($600,000.00), if the capital investment in the part of the structure in which licensed gaming activities are conducted is equal to or more than Seventy-five Million Dollars ($75,000,000.00) but less than One Hundred Million Dollars ($100,000,000.00).
5. Seven Hundred Thousand Dollars ($700,000.00), if the capital investment in the part of the structure in which licensed gaming activities are conducted is equal to or more than One Hundred Million Dollars ($100,000,000.00) but less than One Hundred Twenty-five Million Dollars ($125,000,000.00).
6. Seven Hundred Fifty Thousand Dollars ($750,000.00), if the capital investment in the part of the structure in which licensed gaming activities are conducted is equal to or more than One Hundred Twenty-five Million Dollars ($125,000,000.00).
For each calendar year thereafter, the Secretary of State shall review and adjust the value of the capital investment and the annual in-lieu tidelands assessment due. Such review and adjustment shall be tied to the CPI.
(ii) This paragraph shall not apply to a gaming licensee if the licensee conducts gaming in a structure that is located on property that is leased from the Mississippi State Port at Gulfport or any political subdivision of the state, or to a licensee who conducts gaming in a structure that is located on property that is leased to the licensee jointly by the State of Mississippi and the City of Biloxi; however, with regard to property owned by a political subdivision of the state, this exception shall only apply to property owned by the political subdivision on August 29, 2005, if legal gaming could have been conducted on such property on that date.
(iii) This
paragraph shall not apply to a gaming licensee if the licensee conducts gaming
in a structure that is located on property that is not leased from the State of
Mississippi and/or a political subdivision of the State of Mississippi and is
not on State Public Trust Tidelands before August 29, 2005, and shall
not apply to a gaming licensee if the licensee or a former licensee
conducted gaming on * * *
contiguous property through a lease with the State Port at Gulfport
before August 29, 2005.
SECTION 2. Section 29-15-1, Mississippi Code of 1972, is amended as follows:
29-15-1. (a) "Commission" means the Mississippi Advisory Commission on Marine Resources.
(b) "Local tidal datum" means the datum established for a specific tide station through the use of tidal observations made at that station.
(c) "Department" means the Mississippi Department of Marine Resources.
(d) "Fastlands" means tidelands and submerged lands waterward of the historic natural mean high-water line but artificially filled such that the area waterward of that line is above mean high water.
( * * *e) "Mean high water" means the
arithmetic mean of all the high waters occurring in a particular nineteen-year
tidal epoch period; or for a shorter period of time after corrections are
applied to the short-term observations to reduce these values to the
equivalent nineteen-year value.
( * * *f) "Mean high-water
line" means the intersection of the tidal datum plane of mean high water
with the shore.
( * * *g) "Mean high-water survey"
means a survey of the intersection of the shoreline with the tidal datum plane
of mean high water using local tidal datums and surveying methodologies approved
by the commission. Methodologies shall include, but not be limited to,
the "staking method," "the topographic method" and
"tide coordinated aerial photography."
( * * *h) "National map accuracy standards"
means a set of guidelines published by the Office of Management and Budget of
the United States to which maps produced by the United States government
adhere.
(i) "Public Trust Tidelands" means those surface lands, tidelands and submerged lands owned by the state and held in trust for the citizens of the State of Mississippi.
(j) "Sand beach" means all areas of an artificial or man-made sand beach constructed on Public Trust Tidelands waterward of the public trust boundary represented by the natural mean high-water line or toe of a structure referred to as a seawall, retaining wall, or bulkhead, or other similar structure used to prevent erosion of uplands or property landward of the structure.
( * * *k) "Submerged lands" means
lands which remain covered by waters, where the tides ebb and flow, at ordinary
low tides.
(l) "Surface lands" means the same as fastlands.
( * * *m) "Tidelands" means those
lands which are daily covered and uncovered by water by the action of the
tides, up to the mean high-water line * * *.
SECTION 3. The following shall be codified as Section 29-15-1.1, Mississippi Code of 1972:
29-15-1.1. Legislative intent. The Legislature passed the Tidelands Act of 1989, codified at Sections 29-1-107 and 29-15-1 et seq., to provide stability and certainty to the land titles of riparian and littoral property owners. The Legislature finds that the management of the Public Trust Tidelands by the Secretary of State as the trustee agent in accordance with Section 29-15-3 provides certainty and stability of the state ownership of Public Trust Tidelands for the benefit of all current and future generations of the citizens of the state.
SECTION 4. The following shall be codified as Section 29-15-2, Mississippi Code of 1972:
29-15-2. Legislative public policy. (l) It is declared that the state-held tidelands subject to the public trust and the boundary between trust lands and other lands are shown on the Final Public Trust Tidelands Map and Public Trust Submerged Land Maps, Final December 1994, created and published pursuant to Section 29-15-7, as modified by any boundary agreements or court orders.
(2) Absent clear, specific and expressed legislative intent to sever fee simple title of a specific parcel of Public Trust Tidelands from the state in favor of a specific state agency or political subdivision, fee simple title remains in the state.
(3) It is declared to be the public policy of this state that all management and administrative control and authority of all state-held Public Trust Tidelands is vested solely in the Secretary of State as the Land Commissioner and Trustee of the Public Trust Tidelands in accordance with the public policy stated in Section 29-15-3, Mississippi Code of 1972.
(4) Absent clear, specific and expressed legislative intent to grant management and administrative control and authority, including leasing authority, of a specific area of Public Trust Tidelands to a specific state agency or political subdivision, the Secretary of State is not divested of management and administrative control and authority, and leasing authority.
(5) (a) All proposed uses of Public Trust Tidelands by any entity, including a private party or a federal, state or local government, requires review of and approval by the Secretary of State as the Land Commissioner and Trustee of the Public Trust Tidelands to confirm such use is consistent with the public trust for which the lands are held for the benefit of all citizens of the state and the public policy as expressed by the Legislature.
(b) Any entity, including a private party or a federal, state or local government agency or authority, shall submit plans to the Secretary of State concerning use of the Public Trust Tidelands for review and approval, and if necessary, a Public Trust Tidelands lease, prior to any activity on the Public Trust Tidelands.
(c) All state agencies, consistent with the legislative intent of Section 29-15-3 and Section 57-15-6, shall coordinate with the Secretary of State concerning activities on the Public Trust Tidelands, and receive approval prior to conducting or authorizing activities on the Public Trust Tidelands.
(6) (a) All existing and proposed uses of or projects on Public Trust Tidelands by any commercial activity shall require a Public Trust Tidelands lease from the state through the Secretary of State as Trustee of the Public Trust Tidelands and shall be subject to annual rent pursuant to Section 29-1-107.
(b) All existing and proposed public uses of or projects on Public Trust Tidelands by any federal, state or local governmental entity and which serve a higher public purpose of promoting the conservation, reclamation and preservation of the tidelands and submerged lands; public use for boating, boat launches, piers, small craft harbors and marinas; fishing, recreation or navigation; or the enhancement of public access to such lands shall require a Public Trust Tidelands lease from the state through the Secretary of State as Trustee of the Public Trust Tidelands pursuant to Section 29-1-107(2) but shall be exempt from any use, lease or rental fees pursuant to Section 29-15-13.
(7) All uses of Public Trust Tidelands for any gaming purpose or purpose related to a gaming operation shall require a Public Trust Tidelands lease from the state through the Secretary of State as Trustee of the Public Trust Tidelands and shall be subject to annual rent pursuant to Section 29-1-107.
(8) All previous or prior statutory provisions which affect the Public Trust Tidelands shall be construed and interpreted subject to and consistent with the provisions contained in this statute.
SECTION 5. Section 29-15-3, Mississippi Code of 1972, is amended as follows:
29-15-3. (1) It is declared to be the public policy of this state to favor the preservation of the natural state of the state's Public Trust Tidelands and their ecosystems and to prevent the despoliation and destruction of them, except where a specific alteration of specific Public Trust Tidelands would serve a higher public interest in compliance with the public purposes of the public trust in which such tidelands are held.
(2) It is hereby declared to be a higher public purpose of this state and the public tidelands trust to resolve the uncertainty and disputes which have arisen as to the location of the boundary between the state's Public Trust Tidelands and the upland property and to confirm the mean high-water boundary line as determined by the Mississippi Supreme Court, the laws of this state and this chapter.
(3) Absent clear and specific intent by the Legislature to sever fee-simple ownership or to grant management and administrative control and authority, to include, but not be limited to, leasing authority, of a specific area of Public Trust Tidelands to a specific state agency or political subdivision, then fee-simple title, management and administrative control and authority, and leasing authority to and of the Public Trust Tidelands is in the State of Mississippi.
(4) It is hereby declared that Public Trust Tidelands held by the state will be managed and administered by the Secretary of State as the Land Commissioner and Trustee of the Public Trust Tidelands.
SECTION 6. Section 29-15-5, Mississippi Code of 1972, is amended as follows:
29-15-5. (1) Tidelands and submerged lands are held by the state in trust for use of all the people, and are so held in their character as the beds and shores of the sea and its tidally affected arms and tributaries for the purposes defined by common law and statutory law. Littoral and riparian property owners have common-law and statutory rights under the Coastal Wetlands Protection Law which extend into the waters and beyond the low tide line, and the state's responsibilities as trustee extends to such owners as well as to the other members of the public.
(2) Residential property owners shall not be required to obtain a Public Trust Tidelands lease from the state for exercising their common-law and statutory littoral and riparian rights attached to residential property for personal noncommercial use.
(3) All existing and proposed uses of or projects on Public Trust Tidelands by any commercial activity shall require a Public Trust Tidelands lease from the state through the Secretary of State as Trustee of the Public Trust Tidelands and shall be subject to annual rent pursuant to Section 29-1-107.
(4) All existing or proposed public uses or projects of any federal, state or local governmental entity, including counties and municipalities, which serve a higher public purpose of promoting the conservation, reclamation, preservation of the tidelands and submerged lands, public use for boating, boat launches, piers, small craft harbors and marina, fishing, recreation or navigation, or the enhancement of public access to such lands shall require a lease of State Public Trust Tidelands from the state through the Secretary of State as Trustee of the Public Trust Tidelands pursuant to Section 29-1-107(2). No federal, state or local governmental entity shall be charged for such access.
SECTION 7. 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. * * * Subject to legislative authorization,
funds derived from lease rentals * * * will be used to cover the
administrative cost, including legal expenses, incurred by the Secretary
of State in administering the Public Trust Tidelands. Any remaining
funds derived from lease rentals shall then 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 * * * Department of Marine Resources
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 8. 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. 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. 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 administrative cost incurred by
the Mississippi Advisory Commission on Marine Resources. Any remaining
funds shall be disbursed * * * by to the * * * Department of Marine Resources
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 9. Section 29-15-13, Mississippi Code of 1972, is amended as follows:
29-15-13. All existing or proposed public uses or projects of any federal, state or local governmental entity, including counties and municipalities, which serve a higher public purpose of promoting the conservation, reclamation, preservation of the tidelands and submerged lands, public use for boating, boat launches, piers, small craft harbors and marinas, fishing, recreation or navigation, or the enhancement of public access to such lands shall require a lease of Public Trust Tidelands from the Secretary of State but shall be exempt from any use, lease or rental fees.
SECTION 10. Section 59-15-1, Mississippi Code of 1972, is amended as follows:
59-15-1. The authorities of
any city in this state which has a population of ten thousand (10,000)
or more, according to the last official government census, and the authorities
of any municipality bordering on the Mississippi Sound or Gulf of Mexico are
hereby given the authority to acquire by purchase, deed, donation, gift, grant, * * * lease, dedication, or otherwise, and
if state-owned Public Trust Tidelands by lease subject to Sections 29-1-107(2) and
29-15-13, such land, harbor sites or water frontage for the purpose of establishing,
developing, promoting, maintaining, and operating harbors for small water
crafts and recreational parks connected therewith within its territorial limits,
or both, and shall have the power to acquire, purchase, install, rent, lease, mortgage,
incumber, construct, own, hold, maintain, equip, use, control and operate
recreational parks and harbors for small water craft. Any such existing use
of State Public Trust Tidelands shall require a Public Trust Tidelands lease from
the State of Mississippi by and through the Secretary of State. Any use of State
Public Trust Tidelands for gaming as contemplated by Section 29-1-107(4) will require
a direct lease of the Public Trust Tidelands from the State of Mississippi by and
through the Secretary of State and such lease may be conditioned upon the gaming
licensee or license applicant obtaining such other necessary and required approvals.
SECTION 11. Section 87-1-5, Mississippi Code of 1972, is amended as follows:
87-1-5. If any person, by playing at any game whatever, or by betting on the sides or hands of such as do play at any game, or by betting on any horse race or cockfight, or at any other sport or pastime, or by any wager whatever, shall lose any money, property, or other valuable thing, real or personal, and shall pay or deliver the same or any part thereof, the person so losing and paying or delivering the same, or his wife or children, may sue for and recover such money, property, or other valuable thing so lost and paid or delivered, or any part thereof, from the person knowingly receiving the same, with costs. However, this section shall not apply to betting, gaming or wagering:
(a) On a cruise vessel as defined in Section 27-109-1 whenever such vessel is in the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay;
(b) In a structure located in whole or in part on shore in any of the three (3) most southern counties in the State of Mississippi in which the registered voters of the county have voted to allow such betting, gaming or wagering on cruise vessels as provided in Section 19-3-79, if:
(i) The structure is owned, leased or controlled by a person possessing a gaming license, as defined in Section 75-76-5, to conduct legal gaming on a cruise vessel under paragraph (a) of this section;
(ii) The part of the structure in which licensed gaming activities are conducted is located entirely in an area which is located no more than eight hundred (800) feet from the mean high-water line (as defined in Section 29-15-1) of the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the Mississippi Sound at Harrison County only, no farther north than the southern boundary of the right-of-way for U.S. Highway 90, whichever is greater; and in determining the distance to the mean high-water line, the following considerations apply:
1. Rights-of-way and easements for public streets and highways shall not be construed to interrupt the contiguous nature of a parcel of property, nor shall the footage contained within such easements and rights-of-way be considered in the calculation of the distances specified in subparagraph (ii) of this paragraph; and
2. An imaginary line drawn from any point along the mean high-water line referenced and utilized pursuant to subparagraph (ii) of this paragraph to any other point of reference, must cross only property under the exclusive use and control of the gaming licensee or proposed licensee based on its ownership or lease thereof, except for rights-of-way and easements for public streets and highways; and
(iii) In the case
of a structure that is located in whole or part on shore, the part of the
structure in which licensed gaming activities are conducted shall * * * be located on:
1. Property entirely under the exclusive use and control of the proposed licensee based on its ownership or lease thereof and that extends from the gaming floor to the main high-water line;
2. The entire parcel(s) of land used to establish the necessary ownership and/or lease of the property to the mean high-water line must be immediately adjacent to waters which would presently qualify as a legal gaming site for a cruise vessel under paragraph (a) of this section, and such land is capable of accommodating the minimum improvement requirements set forth in rules and regulations adopted by the commission as authorized by Sections 75-76-33 and 75-76-77, which improvements shall include, at a minimum, the following:
a. A parking facility in close proximity to the casino complex to accommodate a minimum of five hundred (500) cars;
b. A hotel with a minimum of three hundred (300) rooms, with a rating of at least three (3) diamonds by an acceptable travel publication to be determined by the Gaming Commission, other than with respect to a licensee which has been licensed by the commission, or to any person which has received approval to proceed with development from the commission, prior to December 31, 2013;
c. A restaurant capable of seating at least two hundred (200) people;
d. A fine dining establishment capable of seating at least seventy-five (75) people;
e. A casino floor of at least forty thousand (40,000) square feet; and
f. An amenity unique to the licensee's market in order to encourage economic development and promote tourism;
3. The commission shall not adopt any rule or regulation that would reduce these requirements; and
4. A proposed licensee must demonstrate all financing is in place to construct the entire proposed project meeting the foregoing requirements before the Mississippi Gaming Commission will grant the proposed licensee approval to proceed with development;
(c) On a vessel as defined in Section 27-109-1 whenever such vessel is on the Mississippi River or navigable waters within any county bordering on the Mississippi River; or
(d) That is legal under the laws of the State of Mississippi.
SECTION 12. Section 97-33-1, Mississippi Code of 1972, is amended as follows:
97-33-1. Except as otherwise provided in Section 97-33-8, if any person shall encourage, promote or play at any game, play or amusement, other than a fight or fighting match between dogs, for money or other valuable thing, or shall wager or bet, promote or encourage the wagering or betting of any money or other valuable things, upon any game, play, amusement, cockfight, Indian ball play or duel, other than a fight or fighting match between dogs, or upon the result of any election, event or contingency whatever, upon conviction thereof, he shall be fined in a sum not more than Five Hundred Dollars ($500.00); and, unless such fine and costs be immediately paid, shall be imprisoned for any period not more than ninety (90) days. However, this section shall not apply to betting, gaming or wagering:
(a) On a cruise vessel as defined in Section 27-109-1 whenever such vessel is in the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay, and in which the registered voters of the county in which the port is located have not voted to prohibit such betting, gaming or wagering on cruise vessels as provided in Section 19-3-79;
(b) In a structure located, in whole or in part, on shore in any of the three (3) most southern counties in the State of Mississippi in which the registered voters of the county have voted to allow such betting, gaming or wagering on cruise vessels as provided in Section 19-3-79, if:
(i) The structure is owned, leased or controlled by a person possessing a gaming license, as defined in Section 75-76-5, to conduct legal gaming on a cruise vessel under paragraph (a) of this section;
(ii) The part of the structure in which licensed gaming activities are conducted is located entirely in an area which is located no more than eight hundred (800) feet from the mean high-water line (as defined in Section 29-15-1) of the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the Mississippi Sound at Harrison County only, no farther north than the southern boundary of the right-of-way for U.S. Highway 90, whichever is greater; and in determining the distance to the mean high-water line, the following considerations apply:
1. Rights-of-way and easements for public streets and highways shall not be construed to interrupt the contiguous nature of a parcel of property, nor shall the footage contained within such easements and rights-of-way be counted in the calculation of the distances specified in subparagraph (ii) of this paragraph; and
2. An imaginary line drawn from any point along the mean high-water line referenced and utilized pursuant to subparagraph (ii) of this paragraph to any other point of reference, except for rights-of-way and easements for public streets and highways, must cross only property under the exclusive use and control of the proposed licensee based on its ownership or lease thereof; and
(iii) In the case
of a structure that is located in whole or part on shore, the part of the
structure in which licensed gaming activities are conducted shall * * * be located on:
1. Property entirely under the exclusive use and control of the proposed licensee based on its ownership or lease thereof;
2. The entire parcel(s) of land used to establish the necessary ownership and/or lease of the mean high-water line must presently qualify as a legal gaming site for a cruise vessel under paragraph (a) of this section, and such land is capable of accommodating the minimum improvement requirements set forth in rules and regulations adopted by the commission as authorized by Sections 75-76-33 and 75-76-77, which improvements shall include, at a minimum, the following:
a. A parking facility in close proximity to the casino complex to accommodate a minimum of five hundred (500) cars;
b. A hotel with a minimum of three hundred (300) rooms, with a rating of at least three (3) diamonds by an acceptable travel publication to be determined by the Gaming Commission, other than with respect to a licensee which has been licensed by the commission, or to any person which has received approval to proceed with development from the commission, prior to December 31, 2013;
c. A restaurant capable of seating at least two hundred (200) people;
d. A fine dining establishment capable of seating at least seventy-five (75) people;
e. A casino floor of at least forty thousand (40,000) square feet; and
f. An amenity unique to the licensee's market in order to encourage economic development and promote tourism;
3. The commission shall not adopt any rule or regulation that would reduce these requirements; and
4. A proposed licensee must demonstrate all financing is in place to construct the entire proposed project meeting the foregoing requirements before the Mississippi Gaming Commission will grant the proposed licensee approval to proceed with development;
(c) On a vessel as defined in Section 27-109-1 whenever such vessel is on the Mississippi River or navigable waters within any county bordering on the Mississippi River, and in which the registered voters of the county in which the port is located have not voted to prohibit such betting, gaming or wagering on vessels as provided in Section 19-3-79; or
(d) That is legal under the laws of the State of Mississippi.
SECTION 13. Section 97-33-7, Mississippi Code of 1972, is amended as follows:
97-33-7. (1) Except as otherwise provided in Section 97-33-8, it shall be unlawful for any person or persons, firm, copartnership or corporation to have in possession, own, control, display, or operate any cane rack, knife rack, artful dodger, punch board, roll down, merchandise wheel, slot machine, pinball machine, or similar device or devices. Provided, however, that this section shall not be so construed as to make unlawful the ownership, possession, control, display or operation of any antique coin machine as defined in Section 27-27-12, or any music machine or bona fide automatic vending machine where the purchaser receives exactly the same quantity of merchandise on each operation of said machine. Any slot machine other than an antique coin machine as defined in Section 27-27-12 which delivers, or is so constructed as that by operation thereof it will deliver to the operator thereof anything of value in varying quantities, in addition to the merchandise received, and any slot machine other than an antique coin machine as defined in Section 27-27-12 that is constructed in such manner as that slugs, tokens, coins or similar devices are, or may be, used and delivered to the operator thereof in addition to merchandise of any sort contained in such machine, is hereby declared to be a gambling device, and shall be deemed unlawful under the provisions of this section. Provided, however, that pinball machines which do not return to the operator or player thereof anything but free additional games or plays shall not be deemed to be gambling devices, and neither this section nor any other law shall be construed to prohibit same.
(2) No property right shall exist in any person, natural or artificial, or be vested in such person, in any or all of the devices described herein that are not exempted from the provisions of this section; and all such devices are hereby declared to be at all times subject to confiscation and destruction, and their possession shall be unlawful, except when in the possession of officers carrying out the provisions of this section. It shall be the duty of all law enforcing officers to seize and immediately destroy all such machines and devices.
(3) A first violation of the provisions of this section shall be deemed a misdemeanor, and the party offending shall, upon conviction, be fined in any sum not exceeding Five Hundred Dollars ($500.00), or imprisoned not exceeding three (3) months, or both, in the discretion of the court. In the event of a second conviction for a violation of any of the provisions of this section, the party offending shall be subject to a sentence of not less than six (6) months in the county jail, nor more than two (2) years in the State Penitentiary, in the discretion of the trial court.
(4) Notwithstanding any provision of this section to the contrary, it shall not be unlawful to operate any equipment or device described in subsection (1) of this section or any gaming, gambling or similar device or devices by whatever name called while:
(a) On a cruise vessel as defined in Section 27-109-1 whenever such vessel is in the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay, and in which the registered voters of the county in which the port is located have not voted to prohibit such betting, gaming or wagering on cruise vessels as provided in Section 19-3-79;
(b) In a structure located, in whole or in part, on shore in any of the three (3) most southern counties in the State of Mississippi in which the registered voters of the county have voted to allow such betting, gaming or wagering on cruise vessels as provided in Section 19-3-79, if:
(i) The structure is owned, leased or controlled by a person possessing a gaming license, as defined in Section 75-76-5, to conduct legal gaming on a cruise vessel under paragraph (a) of this subsection;
(ii) The part of the structure in which licensed gaming activities are conducted is located entirely in an area which is located no more than eight hundred (800) feet from the mean high-water line (as defined in Section 29-15-1) of the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the Mississippi Sound at Harrison County only, no farther north than the southern boundary of the right-of-way for U.S. Highway 90, whichever is greater; and in determining the distance to the mean high-water line, the following considerations apply:
1. Rights-of-way and easements for public streets and highways shall not be construed to interrupt the contiguous nature of a parcel of property, nor shall the footage contained within such easements and rights-of-way be counted in the calculation of the distances specified in subparagraph (ii) of this paragraph; and
2. An imaginary line drawn from any point along the mean high-water line referenced and utilized pursuant to subparagraph (ii) of this paragraph to any other point of reference, except for rights-of-way and easements for public streets and highways, must cross only property under the exclusive use and control of the proposed licensee based on its ownership or lease thereof; and
(iii) In the case
of a structure that is located in whole or part on shore, the part of the
structure in which licensed gaming activities are conducted shall * * * be located on:
1. Property entirely under the exclusive use and control of the proposed licensee based on its ownership or lease thereof;
2. The entire parcel(s) of land used to establish the necessary ownership and/or lease of the mean high-water line must presently qualify as a legal gaming site for a cruise vessel under paragraph (a) of this subsection, and such land is capable of accommodating the minimum improvement requirements set forth in rules and regulations adopted by the commission as authorized by Sections 75-76-33 and 75-76-77, which improvements shall include, at a minimum, the following:
a. A parking facility in close proximity to the casino complex to accommodate a minimum of five hundred (500) cars;
b. A hotel with a minimum of three hundred (300) rooms, with a rating of at least three (3) diamonds by an acceptable travel publication to be determined by the Gaming Commission, other than with respect to a licensee which has been licensed by the commission, or to any person which has received approval to proceed with development from the commission, prior to December 31, 2013;
c. A restaurant capable of seating at least two hundred (200) people;
d. A fine dining establishment capable of seating at least seventy-five (75) people;
e. A casino floor of at least forty thousand (40,000) square feet; and
f. An amenity unique to the licensee's market in order to encourage economic development and promote tourism;
3. The commission shall not adopt any rule or regulation that would reduce these requirements; and
4. A proposed licensee must demonstrate all financing is in place to construct the entire proposed project meeting the foregoing requirements before the Mississippi Gaming Commission will grant the proposed licensee approval to proceed with development;
(c) On a vessel as defined in Section 27-109-1 whenever such vessel is on the Mississippi River or navigable waters within any county bordering on the Mississippi River, and in which the registered voters of the county in which the port is located have not voted to prohibit such betting, gaming or wagering on vessels as provided in Section 19-3-79; or
(d) That is legal under the laws of the State of Mississippi.
(5) Notwithstanding any provision of this section to the contrary, it shall not be unlawful (a) to own, possess, repair or control any gambling device, machine or equipment in a licensed gaming establishment or on the business premises appurtenant to any such licensed gaming establishment during any period of time in which such licensed gaming establishment is being constructed, repaired, maintained or operated in this state; (b) to install any gambling device, machine or equipment in any licensed gaming establishment; (c) to possess or control any gambling device, machine or equipment during the process of procuring or transporting such device, machine or equipment for installation on any such licensed gaming establishment; or (d) to store in a warehouse or other storage facility any gambling device, machine, equipment, or part thereof, regardless of whether the county or municipality in which the warehouse or storage facility is located has approved gaming aboard cruise vessels or vessels, provided that such device, machine or equipment is operated only in a county or municipality that has approved gaming aboard cruise vessels or vessels. Any gambling device, machine or equipment that is owned, possessed, controlled, installed, procured, repaired, transported or stored in accordance with this subsection shall not be subject to confiscation, seizure or destruction, and any person, firm, partnership or corporation which owns, possesses, controls, installs, procures, repairs, transports or stores any gambling device, machine or equipment in accordance with this subsection shall not be subject to any prosecution or penalty under this section. Any person constructing or repairing such cruise vessels or vessels within a municipality shall comply with all municipal ordinances protecting the general health or safety of the residents of the municipality.
SECTION 14. Section 97-33-17, Mississippi Code of 1972, is amended as follows:
97-33-17. (1) All monies exhibited for the purpose of betting or alluring persons to bet at any game, and all monies staked or betted, shall be liable to seizure by any sheriff, constable, or police officer, together with all the appliances used or kept for use in gambling, or by any other person; and all the monies so seized shall be accounted for by the person making the seizure, and all appliances seized shall be destroyed; provided, however, this section shall not apply to betting, gaming or wagering on:
(a) A cruise vessel as defined in Section 27-109-1 whenever such vessel is in the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay, and in which the registered voters of the county in which the port is located have not voted to prohibit such betting, gaming or wagering on cruise vessels as provided in Section 19-3-79;
(b) In a structure located in whole or in part on shore in any of the three (3) most southern counties in the State of Mississippi in which the registered voters of the county have voted to allow such betting, gaming or wagering on cruise vessels as provided in Section 19-3-79, if:
(i) The structure is owned, leased or controlled by a person possessing a gaming license, as defined in Section 75-76-5, to conduct legal gaming on a cruise vessel under paragraph (a) of this subsection;
(ii) The part of the structure in which licensed gaming activities are conducted is located entirely in an area which is located no more than eight hundred (800) feet from the mean high-water line (as defined in Section 29-15-1) of the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the Mississippi Sound at Harrison County only, no farther north than the southern boundary of the right-of-way for U.S. Highway 90, whichever is greater; and in determining the distance to the mean high-water line, the following considerations apply:
1. Rights-of-way and easements for public streets and highways shall not be construed to interrupt the contiguous nature of a parcel of property, nor shall the footage contained within such easements and rights-of-way be counted in the calculation of the distances specified in subparagraph (ii) of this paragraph; and
2. An imaginary line drawn from any point along the mean high-water line referenced and utilized pursuant to subparagraph (ii) of this paragraph to any other point of reference, except for rights-of-way and easements for public streets and highways, must cross only property under the exclusive use and control of the proposed licensee based on its ownership or lease thereof; and
(iii) In the case
of a structure that is located in whole or part on shore, the part of the
structure in which licensed gaming activities are conducted shall * * * be located on:
1. Property entirely under the exclusive use and control of the proposed licensee based on its ownership or lease thereof;
2. The entire parcel(s) of land used to establish the necessary ownership and/or lease of the mean high-water line must presently qualify as a legal gaming site for a cruise vessel under paragraph (a) of this subsection, and such land is capable of accommodating the minimum improvement requirements set forth in rules and regulations adopted by the commission as authorized by Sections 75-76-33 and 75-76-77, which improvements shall include, at a minimum, the following:
a. A parking facility in close proximity to the casino complex to accommodate a minimum of five hundred (500) cars;
b. A hotel with a minimum of three hundred (300) rooms, with a rating of at least three (3) diamonds by an acceptable travel publication to be determined by the Gaming Commission, other than with respect to a licensee which has been licensed by the commission, or to any person which has received approval to proceed with development from the commission, prior to December 31, 2013;
c. A restaurant capable of seating at least two hundred (200) people;
d. A fine dining establishment capable of seating at least seventy-five (75) people;
e. A casino floor of at least forty thousand (40,000) square feet; and
f. An amenity unique to the licensee's market in order to encourage economic development and promote tourism;
3. The commission shall not adopt any rule or regulation that would reduce these requirements; and
4. A proposed licensee must demonstrate all financing is in place to construct the entire proposed project meeting the foregoing requirements before the Mississippi Gaming Commission will grant the proposed licensee approval to proceed with development;
(c) A vessel as defined in Section 27-109-1 whenever such vessel is on the Mississippi River or navigable waters within any county bordering on the Mississippi River, and in which the registered voters of the county in which the port is located have not voted to prohibit such betting, gaming or wagering on vessels as provided in Section 19-3-79; or
(d) That is legal under the laws of the State of Mississippi.
(2) Nothing in this section shall apply to any gambling device, machine or equipment that is owned, possessed, controlled, installed, procured, repaired or transported in accordance with subsection (4) of Section 97-33-7.
SECTION 15. Section 97-33-25, Mississippi Code of 1972, is amended as follows:
97-33-25. If any person shall sell or buy, either directly or indirectly, any chance in what is commonly called pool, upon any event whatever, or shall in any manner engage in such business or pastime, he shall be fined not more than Five Hundred Dollars ($500.00) or shall be imprisoned in the county jail not more than ninety (90) days; provided, however, this section shall not apply to betting, gaming or wagering:
(a) On a cruise vessel as defined in Section 27-109-1 whenever such vessel is in the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay, and in which the registered voters of the county in which the port is located have not voted to prohibit such betting, gaming or wagering on cruise vessels as provided in Section 19-3-79;
(b) In a structure located in whole or in part on shore in any of the three (3) most southern counties in the State of Mississippi in which the registered voters of the county have voted to allow such betting, gaming or wagering on cruise vessels as provided in Section 19-3-79, if:
(i) The structure is owned, leased or controlled by a person possessing a gaming license, as defined in Section 75-76-5, to conduct legal gaming on a cruise vessel under paragraph (a) of this section;
(ii) The part of the structure in which licensed gaming activities are conducted is located entirely in an area which is located no more than eight hundred (800) feet from the mean high-water line (as defined in Section 29-15-1) of the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the Mississippi Sound at Harrison County only, no farther north than the southern boundary of the right-of-way for U.S. Highway 90, whichever is greater; and in determining the distance to the mean high-water line, the following considerations apply:
1. Rights-of-way and easements for public streets and highways shall not be construed to interrupt the contiguous nature of a parcel of property, nor shall the footage contained within such easements and rights-of-way be counted in the calculation of the distances specified in subparagraph (ii) of this paragraph; and
2. An imaginary line drawn from any point along the mean high-water line referenced and utilized pursuant to subparagraph (ii) of this paragraph to any other point of reference, except for rights-of-way and easements for public streets and highways, must cross only property under the exclusive use and control of the proposed licensee based on its ownership or lease thereof; and
(iii) In the case
of a structure that is located in whole or part on shore, the part of the structure
in which licensed gaming activities are conducted shall * * * be located on:
1. Property entirely under the exclusive use and control of the proposed licensee based on its ownership or lease thereof;
2. The entire parcel(s) of land used to establish the necessary ownership and/or lease of the mean high-water line must presently qualify as a legal gaming site for a cruise vessel under paragraph (a) of this section, and such land is capable of accommodating the minimum improvement requirements set forth in rules and regulations adopted by the commission as authorized by Sections 75-76-33 and 75-76-77, which improvements shall include, at a minimum, the following:
a. A parking facility in close proximity to the casino complex to accommodate a minimum of five hundred (500) cars;
b. A hotel with a minimum of three hundred (300) rooms, with a rating of at least three (3) diamonds by an acceptable travel publication to be determined by the Gaming Commission, other than with respect to a licensee which has been licensed by the commission, or to any person which has received approval to proceed with development from the commission, prior to December 31, 2013;
c. A restaurant capable of seating at least two hundred (200) people;
d. A fine dining establishment capable of seating at least seventy-five (75) people;
e. A casino floor of at least forty thousand (40,000) square feet; and
f. An amenity unique to the licensee's market in order to encourage economic development and promote tourism;
3. The commission shall not adopt any rule or regulation that would reduce these requirements; and
4. A proposed licensee must demonstrate all financing is in place to construct the entire proposed project meeting the foregoing requirements before the Mississippi Gaming Commission will grant the proposed licensee approval to proceed with development;
(c) On a vessel as defined in Section 27-109-1 whenever such vessel is on the Mississippi River or navigable waters within any county bordering on the Mississippi River, and in which the registered voters of the county in which the port is located have not voted to prohibit such betting, gaming or wagering on vessels as provided in Section 19-3-79; or
(d) That is legal under the laws of the State of Mississippi.
SECTION 16. Section 97-33-27, Mississippi Code of 1972, is amended as follows:
97-33-27. If any person shall bet on a horse race or a yacht race or on a shooting match, he shall be fined not more than Five Hundred Dollars ($500.00), and, unless the fine and costs be immediately paid, he shall be imprisoned in the county jail not more than ninety (90) days; provided, however, this section shall not apply to betting, gaming or wagering:
(a) On a cruise vessel as defined in Section 27-109-1 whenever such vessel is in the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay, and in which the registered voters of the county in which the port is located have not voted to prohibit such betting, gaming or wagering on cruise vessels as provided in Section 19-3-79;
(b) In a structure located in whole or in part on shore in any of the three (3) most southern counties in the State of Mississippi in which the registered voters of the county have voted to allow such betting, gaming or wagering on cruise vessels as provided in Section 19-3-79, if:
(i) The structure is owned, leased or controlled by a person possessing a gaming license, as defined in Section 75-76-5, to conduct legal gaming on a cruise vessel under paragraph (a) of this section;
(ii) The part of the structure in which licensed gaming activities are conducted is located entirely in an area which is located no more than eight hundred (800) feet from the mean high-water line (as defined in Section 29-15-1) of the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the Mississippi Sound at Harrison County only, no farther north than the southern boundary of the right-of-way for U.S. Highway 90, whichever is greater; and in determining the distance to the mean high-water line, the following considerations apply:
1. Rights-of-way and easements for public streets and highways shall not be construed to interrupt the contiguous nature of a parcel of property, nor shall the footage contained within such easements and rights-of-way be counted in the calculation of the distances specified in subparagraph (ii) of this paragraph; and
2. An imaginary line drawn from any point along the mean high-water line referenced and utilized pursuant to subparagraph (ii) of this paragraph to any other point of reference, except for rights-of-way and easements for public streets and highways, must cross only property under the exclusive use and control of the proposed licensee based on its ownership or lease thereof; and
(iii) In the case
of a structure that is located in whole or part on shore, the part of the
structure in which licensed gaming activities are conducted shall * * * be located on:
1. Property entirely under the exclusive use and control of the proposed licensee based on its ownership or lease thereof;
2. The entire parcel(s) of land used to establish the necessary ownership and/or lease of the mean high-water line must presently qualify as a legal gaming site for a cruise vessel under paragraph (a) of this section, and such land is capable of accommodating the minimum improvement requirements set forth in rules and regulations adopted by the commission as authorized by Sections 75-76-33 and 75-76-77, which improvements shall include, at a minimum, the following:
a. A parking facility in close proximity to the casino complex to accommodate a minimum of five hundred (500) cars;
b. A hotel with a minimum of three hundred (300) rooms, with a rating of at least three (3) diamonds by an acceptable travel publication to be determined by the Gaming Commission, other than with respect to a licensee which has been licensed by the commission, or to any person which has received approval to proceed with development from the commission, prior to December 31, 2013;
c. A restaurant capable of seating at least two hundred (200) people;
d. A fine dining establishment capable of seating at least seventy-five (75) people;
e. A casino floor of at least forty thousand (40,000) square feet; and
f. An amenity unique to the licensee's market in order to encourage economic development and promote tourism;
3. The commission shall not adopt any rule or regulation that would reduce these requirements; and
4. A proposed licensee must demonstrate all financing is in place to construct the entire proposed project meeting the foregoing requirements before the Mississippi Gaming Commission will grant the proposed licensee approval to proceed with development;
(c) On a vessel as defined in Section 27-109-1 whenever such vessel is on the Mississippi River or navigable waters within any county bordering on the Mississippi River, and in which the registered voters of the county in which the port is located have not voted to prohibit such betting, gaming or wagering on vessels as provided in Section 19-3-79; or
(d) That is legal under the laws of the State of Mississippi.
SECTION 17. This act shall take effect and be in force from and after its passage.