Bill Text: MS HB1203 | 2016 | Regular Session | Enrolled
Bill Title: Mississippi Coast Coliseum Commission; revise membership.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-05-13 - Approved by Governor [HB1203 Detail]
Download: Mississippi-2016-HB1203-Enrolled.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: County Affairs
By: Representative DeLano
House Bill 1203
(As Sent to Governor)
AN ACT TO AMEND SECTION 55-24-3, MISSISSIPPI CODE OF 1972, TO REVISE THE MEMBERSHIP AND TERMS OF THE MISSISSIPPI COAST COLISEUM COMMISSION; TO AMEND SECTION 55-24-7, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO AMEND SECTIONS 55-24-9 AND 55-24-17, MISSISSIPPI CODE OF 1972, TO REVISE THE POWERS AND DUTIES OF THE MISSISSIPPI COAST COLISEUM COMMISSION AND REQUIRE THAT CERTAIN ACTIONS BE APPROVED BY THE HARRISON COUNTY BOARD OF SUPERVISORS; TO TRANSFER ADMINISTRATION AND MANAGEMENT OF THE COLISEUM TRUST FUND TO THE HARRISON COUNTY BOARD OF SUPERVISORS TO BE USED EXCLUSIVELY FOR CAPITAL IMPROVEMENTS TO THE COLISEUM AND CONVENTION CENTER; TO AMEND SECTION 27-104-27, MISSISSIPPI CODE OF 1972, TO EXCLUDE THE COLISEUM TRUST FUND FROM THOSE FUNDS THAT REQUIRE A STATE APPROPRIATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 55-24-3, Mississippi Code of 1972, is amended as follows:
55-24-3. (1) The
Mississippi Coast Coliseum Commission * * * shall consist of
seven (7) members, who shall be appointed, qualify and take office
within thirty (30) days of * * * July 1, 2016. Five (5) commissioners shall
be appointed by the Harrison County Board of Supervisors, with each member of
the board to appoint one (1) person to the commission, who shall be a resident
of Harrison County. Each commissioner shall serve at the will and pleasure of
the board of supervisors and removed by a majority vote of the board of
supervisors. The term of each commissioner shall run concurrently with the
member of the board of supervisors who appointed him or her, unless such
commissioner is otherwise replaced or removed by a majority vote of the board
of supervisors. Two (2) members * * *, one (1) from each judicial
district in Harrison County, shall be appointed by * * * consensus
of the elected mayors of the municipalities from that judicial district within
Harrison County, and such members shall be residents of Harrison County and
shall serve at the will and pleasure of such mayors and shall have terms that
run concurrently with the term of office of such mayors elected at a general
municipal election, unless such commissioners are replaced or removed by such
mayors. * * * From and after July 1, * * * 2016, the Executive Director of the * * * Mississippi
Gulf Coast Region Convention and Visitors Bureau shall be an ex officio
nonvoting member of the commission.
(2) In addition to the fact that each commissioner serves at the will and pleasure of the appointing elected official(s), as described in subsection (1) of this section, any member may be disqualified and removed from office for any one (1) of the following reasons:
(a) Conviction of a felony;
(b) Failure to attend three (3) consecutive meetings without just cause.
(3) If a commission member is removed for one (1) of the above reasons, the vacancy shall be filled in the manner prescribed in this section.
(4) Vacancies which shall
occur shall be filled in the same manner as the original appointments and shall
be made for the unexpired term unless the person is otherwise removed, as
provided in subsection (1) of this section. * * *
(5) * * *
In making appointments to the commission, the appointing authorities should
consider persons who are community leaders and/or are representative of fields
such as the hotel/motel business, large business, small business, the food and
beverage industry and large facility operation or commercial real estate.
SECTION 2. Section 55-24-7, Mississippi Code of 1972, is amended as follows:
55-24-7. * * * After the members of the
Mississippi Coast Coliseum Commission * * * have been appointed and qualified as set
forth * * *
in Section 55-24-3 et seq., they shall meet, on or before August 19,
2016, at quarters provided for them by Harrison County after giving not
less than ten (10) days' notice of the time and place of such meeting by
registered mail, postage prepaid * * * and electronic mail directed to each
appointed member of such commission * * * as provided
to the Secretary of State at the time of his qualification, and posting bond.
At such meeting a quorum shall be * * * four (4) commissioners, and a
majority of those members attending shall elect a president and secretary, both
of whom shall be members of said commission, and adopt such rules and
regulations as may govern the time and place for holding subsequent meetings,
regular and special, and other rules and regulations not inconsistent with the
provisions of this chapter.
The commission is further authorized to obtain office equipment, supplies, furniture, furnishings, equipment, and other facilities necessary to administer the affairs and duties of the commission.
* * *
SECTION 3. Section 55-24-9, Mississippi Code of 1972, is amended as follows:
55-24-9. The
Mississippi Coast Coliseum Commission, a political subdivision of the State of
Mississippi, shall have jurisdiction and authority over * * * matters relating to * * * promoting, developing, * * * maintaining and
operating a multipurpose coliseum and related facilities within Harrison
County, Mississippi. Multipurpose coliseum and related facilities shall
include a multipurpose coliseum or arena facility, a convention center and * * * facility grounds, as
well as any lands purchased by or on the behalf of the commission. From and
after July 1, 2016, any development and/or any land acquired by or on behalf of
the commission, shall be subject to the Land Development Ordinances of the City
of Biloxi. Such commission is authorized to acquire lands by purchase,
gift or the exercise of eminent domain as provided by Section 11-27-1 et seq.,
above or below mean high-water mark subject to the approval of the Harrison
County Board of Supervisors. The acquisition of lands below mean high-water
mark by the commission for the purposes authorized herein are declared to be in
all respects for the benefit of the people of the State of Mississippi, a
public purpose, and an essential governmental function in the exercise of the
powers conferred upon them by * * * such act.
* * * The commission, acting on behalf of
the State of Mississippi, shall have the right to reclaim submerged lands for
the purpose of constructing a multipurpose coliseum and related
facilities * * *,
and to acquire in its name on behalf of the state any estate or property right
therein or in other land necessary to the purpose of this chapter by purchase,
gift, deed or other transfer, subject to the approval of the Harrison County
Board of Supervisors. Title to all oil, gas and other minerals in, on or
under any lands, title to which is held by the State of Mississippi on August
8, 1968, shall be reserved unto the State of Mississippi, and all income
derived from the sale or lease of such minerals shall inure to the benefit of
the State of Mississippi for such purposes as the Legislature may direct.
Provided, that prior to utilization of lands in which title vests in the State
of Mississippi, a description of such land shall be submitted to the Department
of Finance and Administration and said utilization shall not be commenced until
or unless approval of such utilization is given by the Department of Finance
and Administration.
The commission is authorized
to own, furnish, equip and operate * * * the multipurpose coliseum and * * * facilities and equipment necessary or
useful in the operation of * * * such multipurpose coliseum * * * and related facilities; to receive and
expend, subject to the provisions of this chapter and the approval of the
commission's annual budget by the Harrison County Board of Supervisors,
revenues from any source, including the operation of the * * * multipurpose coliseum and related
facilities * * *;
and to do all other things necessary to carry out the purposes of this chapter. * * *
The commission is authorized
and directed to adopt uniform rules and regulations regarding the granting of contracts
that are less than one hundred eighty (180) days for franchises, licenses,
contracts or * * *
lease agreements, or the granting of contracts that are less than one
hundred eighty (180) days for the use, operation and maintenance of the
premises, and to publish the * * * uniform rules and regulations for
three (3) consecutive weeks in a newspaper having a general circulation in the
county and fixing a time and place not more than ten (10) days after the last
publication to receive and hear objections to such rules and regulations. The
commission shall also publish such information on commission and county
websites during the same time period as the newspaper publication. In
addition, a copy of such rules and regulations or any revisions or amendments
thereto shall be filed with the Clerk of the Harrison County Board of
Supervisors * * *. The commission may revise or amend such rules and
regulations but such revisions shall be uniform and shall not be adopted unless
the commission shall publish the proposed change * * *
and hold a public hearing as required by this section.
Before * * * any contract that is more than one
hundred eighty (180) days for a franchise, license, contract or
lease agreement may be granted, the commission shall * * * notify the Harrison County Board of
Supervisors and publish its intent to grant such franchise, license, * * * contract or lease agreement and
the conditions upon which same shall be granted. Such publication shall be
made for three (3) consecutive weeks in a newspaper having a general
circulation in Harrison County. Such publication shall also be made on the
commission and county websites during the same time period as the newspaper
publication. All bids received shall be sealed, and shall be opened at a
date, time and place set forth in the publications, which date shall not be
less than five (5) days nor more than ten (10) days after the last day of
such publications.
Unless the commission shall
find that the successful bidder cannot demonstrate financial responsibility to
comply with the terms and conditions of the franchise, license * * *, contract or lease agreement or
cannot perform the services required thereunder, it shall, subject to the
limitations set forth under this chapter, * * * recommend the granting of * * * the franchise, license, contract
or lease agreement to the bidder whose proposal shall be in the best
financial interest of the commission. * * *
* * *
Any person aggrieved by any action of the commission may appeal to the Circuit Court of Harrison County in the manner provided for appeals from orders of the board of supervisors.
The commission is granted
the power to sue and be sued in its own name, and the commission is * * * authorized to take liability insurance
on the operation of * * *
the facilities in an amount equal to the extent of its liability for
claims or causes of action arising from acts or omissions as provided in
Section 11-46-15 * * *; provided, however,
that immunity from suit is only waived to the extent of such liability
insurance carried, and a judgment creditor shall have recourse only to the
proceeds or right to proceeds of such liability insurance. No attempt shall be
made in the trial of any case to suggest the existence of any insurance which
covers in whole or in part any judgment or award rendered in favor of a
claimant, but if the verdict rendered by the jury exceeds the limit of
applicable insurance, the court on motion shall reduce the amount of said
judgment to a sum equal to the applicable limit stated in the insurance policy.
The commission shall prepare an annual budget specifically describing the proposed receipt and expenditure of all funds from any source whatsoever, and such budget shall be approved by the Harrison County Board of Supervisors. If the commission desires to take any action associated with the receipt or expenditure of funds which deviates from the annual budget, such individual action shall be subject to the approval of the Harrison County Board of Supervisors.
The commission is granted
the power to invest funds credited to the Mississippi Coast Coliseum Commission
Operating Fund * * *,
the commission is vested with authority to designate depositories of its funds,
and to deposit * * *
the funds in interest-bearing accounts. Provided, however, all funds in
excess of ninety (90) days' operating expenses, to the extent practicable,
shall be invested in Treasury bills or in interest-bearing accounts or approved
securities to include, but not limited to, U.S. Treasury bills and U.S.
Treasury notes and bonds, federal agency securities or mortgage-backed
securities guaranteed as to repayment of principal by * * * the government or an agency of * * * such government, certificates of
deposit fully covered by insurance administered by the Federal Deposit
Insurance Corporation or covered by pledged securities, repurchase agreements
and short-term money market funds invested in United States government and
United States government agencies.
The commission is authorized to contract with any agency of the United States or the State of Mississippi for a loan or grant, subject to the approval of the Harrison County Board of Supervisors and to give such agency any assurances of compliance with federal or state laws which are not in conflict with the laws of the State of Mississippi. It is the intent and purpose of this chapter that the Coliseum Commission cooperate with agencies administering the National Seashore Act of 1970.
Whenever any real or
personal property belonging to the commission shall cease to be used or needed
for the commission's purposes, the commission may recommend to the Harrison
County Board of Supervisors that it sell, exchange or lease the property on
such terms as the commission may * * * propose. No lease of surplus real
property may exceed a term of ninety-nine (99) years. The deed of conveyance
in such transactions shall be executed in the name of the commission by * * * the Harrison County Board
of Supervisors pursuant to * * * order issued on the minutes of * * * its meetings. In any sale,
exchange or lease of real property, the commission shall retain all mineral
rights that it owns, together with the right of ingress and egress to remove
same. Before any sale, exchange or lease is made, the commissioners shall
publish at least once each week for three (3) consecutive weeks, in a public
newspaper of Harrison County, Mississippi, and on the commission and county
websites the intention to sell, exchange or lease, as the case may be, the
real or personal property and to accept sealed competitive bids for the sale,
exchange or lease. The commissioners shall thereafter accept bids for the
sale, exchange or lease, and * * * the property shall
be sold, exchanged or leased to the highest and best bidder in the
manner provided by law. However, whenever the commissioners shall find and
determine, by resolution duly and lawfully adopted and spread upon its
minutes: (a) that any commission-owned real property is no longer
needed for commission purposes and is not to be used in the operation of a
multipurpose coliseum and related facilities, (b) that the sale, exchange or
lease of such property in the manner otherwise provided for herein is * * * necessary or desirable for the financial
welfare of a multipurpose coliseum and related facilities, and (c) that the use
of such property for the purpose for which it is to be sold, exchanged or
leased will promote and foster the development and improvement of the multipurpose
coliseum and * * *
related facilities, the commissioners * * *
may recommend to the Harrison County Board of Supervisors that it sell,
exchange or lease the property without having to advertise for and accept
competitive bids. In any case in which the commission proposes to sell or
exchange real property under the provisions of this section without advertising
for and accepting competitive bids, the Harrison County Board of Supervisors
must approve such proposal, and consideration for the sale or exchange of
the real property shall be not less than the average of the fair market price
for the property as determined by three (3) professional property appraisers
selected by the commission and approved by the purchaser or devisee and the
Harrison County Board of Supervisors. Appraisal fees shall be shared
equally by the commission and the purchaser or devisee.
The enumeration of any specific rights and powers contained herein or elsewhere in this chapter where followed by general powers shall not be construed in the restrictive sense but rather in as broad and comprehensive sense as possible to effectuate the purposes and intent of this chapter.
SECTION 4. Section 55-24-17, Mississippi Code of 1972, is amended as follows:
55-24-17. (1) The proceeds
from the tax authorized under the provisions of Sections 1 and 2 of Chapter
863, Local and Private Laws of 1987, shall be paid to the Mississippi Coast
Coliseum and Convention Trust Fund. The fund shall be used for the
operational, maintenance, replacement and capital expenses of the Mississippi
Coast Coliseum and Convention Center, as hereinafter provided and managed as
provided in subsection (2) of this section. * * *
Amounts on deposit in the fund shall be invested in interest-bearing accounts
or approved securities to include, but not limited to, U.S. Treasury bills and
U.S. Treasury notes and bonds, federal agency securities or federal mortgage-backed
securities guaranteed as to repayment of principal by the federal government or
an agency of the federal government, certificates of deposits fully covered by
insurance administered by the Federal Deposit Insurance Corporation or covered
by pledge securities, repurchase agreements and short-term money market funds
invested in U.S. government and U.S. government agencies. All interest income
earned on the fund shall be paid * * * into the Mississippi Coast
Coliseum Commission Operating Fund. The principal amount deposited into
the fund from the proceeds of the special taxes authorized by Chapter 863, Laws
of 1987 shall not be withdrawn from the trust for any purpose whatsoever except
as provided for in subsection (2) of this section. The interest earned on the
fund may also be used for debt service for capital improvements or expansion or
for payment of expenses for operations, maintenance and replacement of capital
improvements.
(2) From and after July
1, 2016, the * * * Mississippi Coast Coliseum and
Convention Trust Fund shall be administered by the Harrison County Board of
Supervisors, and the Harrison County Board of Supervisors may expend monies in
the fund upon recommendation of the commission, without state appropriation,
for the purpose of repairs, restorations, debt service expense and capital
improvements to the Mississippi Coast Coliseum * * * and Convention
Center. From and after July 1, 2016, until February 16, 2018, the Harrison
County Board of Supervisors shall not expend more than Two Million Dollars
($2,000,000.00) from the Mississippi Coast Coliseum Trust Fund; however, from
and after February 16, 2018, the board of supervisors is authorized to expend
any or all of the remaining monies in such trust fund upon recommendation of
the commission.
SECTION 5. Section 27-104-27, Mississippi Code of 1972, is amended as follows:
27-104-27. Notwithstanding
anything in Sections 27-103-101 through 27-103-139 and 27-104-1 through 27-104-29
contained, the same shall not be construed to apply to any agency supported
wholly by funds granted or allotted under any Act of Congress. The State
Auditor of Public Accounts and after July 1, 1986, the State Fiscal Officer
shall determine which special fund accounts in the State Treasury require an
appropriation act and request an appropriation for such special fund accounts.
For all other special fund accounts, the State Auditor of Public Accounts, or
the State Fiscal Officer after July 1, 1986, shall certify that such accounts
do not require an appropriation. The Legislative Budget Office shall recommend
an appropriation for each special fund account existing in the State Treasury
so certified as requiring an appropriation, unless exempted as hereinafter
provided. In the event the Legislative Budget Committee and the State Fiscal
Officer find that any state agency should not be included under the provisions
of Sections 27-103-101 through 27-103-139 and 27-104-1 through 27-104-29, then
the * * * such
committee and officer may, in their discretion, exempt * * * such state agency from the
provisions thereof. Sections 27-103-101 through 27-103-139 and 27-104-1
through 27-104-29 shall not apply to funds collected and disbursed by a state
agency created and existing under the provisions of Sections 73-3-101 through
73-3-169. Sections 27-103-101 through 27-103-139 and 27-104-1 through 27-104-29
shall not apply to funds deposited into the special fund created pursuant to
Section 45-9-101, the special fund created pursuant to Section 69-37-39, the
special fund created pursuant to Section 1 of Chapter 521, Laws of 1999, the
special fund created pursuant to Section 31-17-127, the special fund created
pursuant to Section 65-1-110 * * *, the special fund created pursuant to
Section 27-7-22.31, or the special fund created pursuant to Sections 1 and 2
of Chapter 863, Local and Private Laws of 1987.
The State Fiscal Officer shall not promulgate or attempt to enforce any rule, order or regulation which is not in accordance with the provisions of a legally executed trust indenture agreement, nor shall Sections 27-103-101 through 27-103-139 and 27-104-1 through 27-104-29 be construed to apply to funds collected and disbursed by a state agency under Sections 65-33-45 and 65-33-47.
SECTION 6. This act shall take effect and be in force from and after July 1, 2016.
