Bill Text: MS HB1787 | 2023 | Regular Session | Enrolled
Bill Title: Scenic Rivers Development Alliance; authorize to create special purpose entities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2023-03-28 - Approved by Governor [HB1787 Detail]
Download: Mississippi-2023-HB1787-Enrolled.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Local and Private Legislation
By: Representative Mims
House Bill 1787
(As Sent to Governor)
AN ACT TO AMEND SECTION 903, LOCAL AND PRIVATE LAWS OF 2018, TO AUTHORIZE THE SCENIC RIVERS DEVELOPMENT ALLIANCE (SRDA) TO CREATE SPECIAL PURPOSE ENTITIES; TO DEFINE THE TERM "SPECIAL PURPOSE ENTITY"; TO PROVIDE THAT THE CONTROL, OPERATION, MANAGEMENT AND GOVERNANCE OF ANY SPECIAL PURPOSE ENTITY SHALL REMAIN IN THE SRDA ALLIANCE; TO AUTHORIZE ANY SPECIAL PURPOSE ENTITY, CREATED BY THE SRDA ALLIANCE, TO PERFORM CERTAIN ACTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 903, Local and Private Laws of 2018, is amended as follows:
Section 1. The words and phrases shall have the following meanings under this act:
(a) "Alliance" means an alliance between the Board of Supervisors of Pike, Amite, Walthall and Franklin Counties, the Board of Mayor and Selectmen of the City of McComb, the Board of Wilkinson County Industrial Development Authority and the Trustees of the Pike County Economic Development District; and any additional members duly approved by unanimous consent of the Alliance members at the request for membership is made; and
(b) "SRDA" means Scenic Rivers Development Alliance.
Section 2. (1) The Boards of Supervisors of Pike, Amite, Walthall and Franklin Counties, the Board of Mayor and Selectmen of the City of McComb, the Board of Wilkinson County Industrial Development Authority and the Trustees of the Pike County Economic Development District, in their discretion, may, by order duly entered on their respective minutes, establish the Scenic Rivers Development Alliance (SRDA), also referred to as the "Alliance" under this act, for purposes of securing and furthering industrial and commercial development, management of recreational facilities and promoting the use of natural resources and possibilities of the Alliance.
(2) All monies collected for the support and maintenance of the SRDA shall be placed in the Scenic Rivers Development Alliance Economic Development Fund and shall be expended as other public funds are expended, and in which event the employees of SRDA shall be employees of such Alliance and considered as such.
(3) The SRDA may accept gifts, gratuities and donations from municipalities and counties in the Alliance and from any persons, firms or corporations desiring to make such donations. Such appropriation, gift or donation shall also be placed in the Scenic Rivers Development Alliance Economic Development Fund and be expended in the support and maintenance of the SRDA.
(4) At the option of the members of the Alliance, they may provide for the management of the SRDA by appointing not more than two (2) trustees per participating county, municipality or member agency who shall be qualified electors residing within the SRDA, to manage the affairs of the SRDA, and in which event the funds made available by the Alliance members for the support and maintenance of such Alliance may be expended by a majority vote of such trustees so appointed to manage the Alliance. The Alliance board of trustees may also appoint up to two (2) at-large trustees to serve on the Alliance board who shall also be qualified electors residing within the SRDA. Each trustee who is an officer of the Alliance shall qualify by giving bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in a penalty equal to Fifty Thousand Dollars ($50,000.00), the premiums on all such surety bonds being paid by such Alliance. If this option is exercised, the trustees of the Alliance shall not be considered as employees of the county for state retirement or any other purposes.
(5) All funds secured and expended under the provisions of this act shall be public funds and the Auditor of Public Accounts of the State of Mississippi shall audit the same as other public funds are now audited.
(6) Notwithstanding any provision of this act to the contrary, the boards of supervisors of the counties in the Alliance established under this act and the governing authorities of any municipality located within the Alliance in such county may enter into a contract providing for the contribution of funds by the municipality or other local and private economic development groups to the Alliance and providing for the appointment by the municipal governing authorities or other local and private economic development groups of a number of trustees, as determined by the parties to the contract, to assist in the management of the Alliance. In like manner, any economic or industrial development foundation or private economic development group may enter into a contract with the board of supervisors of the county or jointly with the board of supervisors of the county and municipal governing authorities providing for the contribution of funds by the economic or industrial development foundation or private economic development group to the Alliance and providing for the appointment by the officials or governing board of the foundation of a number of trustees, as determined by the parties to the contract, to assist in the management of the Alliance.
(7) The Alliance may, when suitable office space is not otherwise available, purchase and acquire title to real estate within the Alliance and make any improvements thereon to provide the office space it considers necessary for efficient operation of the SRDA. Provided, however, that no contract or agreement for the exclusive listing, sale or representation for sale of publicly owned property shall be entered into by the Alliance with any real estate broker or brokers.
(8) (a) The SRDA shall have the authority to acquire by gift, purchase or otherwise, and to own, hold, maintain, control and develop real estate situated within the county or counties comprising such Alliance for the development, use and operation of industrial parks, recreation, natural resources development, tourism or other economic development purposes. The Alliance is further authorized and empowered to engage in works of internal improvement, therefor including, but not limited to, construction or contracting for the construction of streets, roads, railroads, spur tracks, site improvements, water, sewage, drainage, pollution control and other related facilities necessary or required for economic development purposes or the development of industrial park complexes, recreation facilities, and natural resource improvements; to acquire, purchase, install, lease, construct, own, hold, equip, control, maintain, use, operate and repair other structures and facilities necessary and convenient for the planning, development, use, operation and maintenance of an industrial park or parks or recreation facilities or for other economic development purposes, including, but not limited to, utility installations, purchase of property, elevators, compressors, warehouses, buildings and air, rail and other transportation terminals and pollution control facilities.
(b) Contracts for the construction, improvement, equipping or furnishing of an industrial site, recreation facilities and improvements thereon as authorized in this act shall be entered into upon the basis of public bidding under Section 31-7-1 et seq.
(9) For the development of projects, a municipal board or the boards of supervisors of any counties comprising the SRDA, may, upon receipt of a resolution duly adopted by the trustees of SRDA, issue, secure and manage its bonds in the manner prescribed by Sections 19-9-5, 19-9-7, 19-9-9, 19-9-11, 19-9-13, 19-9-15, 19-9-17, 19-9-19, 19-9-21, 19-9-23, 19-9-25 and 19-9-29. Such bonds shall be sold in accordance with the provisions of Section 31-19-25. The full faith, credit and resources of the county shall be irrevocably pledged for the payment of the principal of and interest on the bonds issued under this section. Any income derived from the sale or lease of the property authorized to be acquired under this act shall be applied in one or more of the following manners: (a) the retirement of bonds authorized to be issued under this act; (b) further improvement or development of such industrial parks, recreation facilities or other related economic development activities; or (c) payment into the general fund of the SRDA to be used for any lawful purpose. Any amounts so paid into the general fund shall be included in the computation of total receipts and subject to the restrictions of Section 27-39-321. The municipal board or board of supervisors may covenant with or for the benefit of the registered owners of any bonds issued under this section with respect to the application of any or all of such income and shall, by resolution adopted before or promptly after receipt of any such income, determine, in its discretion, subject only to the restrictions set forth above and any covenants made to or for the benefit of any registered owners of bonds issued under this section, the manner in which such income shall be applied.
The bonds authorized by this act and the income therefrom shall be exempt from all taxation in the State of Mississippi; however, any lessee or purchaser shall not be exempt from ad valorem taxes on industrial sites, recreational facilities and improvements thereon unless otherwise provided by the general laws of this state, and purchases required to establish the project and financed by bond proceeds shall not be exempt from taxation in the State of Mississippi.
(10) The Scenic Rivers Development Alliance is further authorized and empowered:
(a) To sell, lease, trade, exchange or otherwise dispose of industrial sites, recreational facilities, commercial developments or rail lines situated within industrial parks to individuals, firms or corporations, public or private, for similar use upon such terms and conditions, and for such considerations, with such safeguards as will best promote and protect the public interest, convenience and necessity, and to execute deeds, leases, contracts, easements and other legal instruments necessary or convenient therefor. Any industrial lease may be executed by the Alliance upon such terms and conditions and for such monetary rental or other considerations as may be found to be in the best interest of the public, upon an order or resolution being spread upon the minutes of the Alliance authorizing same.
(b) To sue and be sued in its own name. Scenic Rivers Development Alliance as a political subdivision of the state is covered by the Mississippi Torts Claim Act as prescribed under Section 11-46-1 et seq., Mississippi Code of 1972.
(c) To fix and prescribe fees, charges and rates for the use of any water, sewage, pollution control or other facilities constructed and operated in connection with an industrial park or parks, recreational facilities, commercial development and to collect same from persons, firms and corporations using the same for industrial, warehouse, commercial and related purposes and are further empowered to deny or terminate such services for nonpayment of the fees, charges or rates by the users of such services.
(d) To employ engineers, attorneys, accountants, consultants, licensed real estate brokers and appraisers, and such executive and administrative personnel as shall be reasonably necessary to carry out the duties and authority authorized by this section with funds available for such purposes. The Alliance may also contribute monies directly to the development and cost of operation of any industrial development foundation or other private economic development group in the Alliance.
(11) Any municipal board or county board of supervisors authorized to issue bonds under this act is hereby authorized, either separately or jointly with the governing authority of any municipality within the county, to acquire, enlarge, expand, renovate or improve an existing building or buildings located in the county or municipality and to issue bonds for such purpose in the manner provided by this act.
(12) The enumeration of any specific rights and powers contained in this act where followed by general powers shall not be construed in a restrictive sense, but rather in as broad and comprehensive a sense as possible to effectuate the purposes of this act.
(13) The Scenic Rivers Development Alliance shall be considered a political subdivision for purposes of this act and upon submission of a plan that is approved by the board of trustees of the Public Employees' Retirement System (PERS), as required under Section 25-11-105(f), Mississippi Code of 1972, the SRDA employees shall be considered as employees of the state for retirement through PERS and for any other purposes.
Section 3. (1) It is the intent of the Legislature to allow the Scenic Rivers Development Alliance to fulfill its mission independently or jointly with other entities or individuals, by and through the use of special purpose entity or entities, as the case may be, as defined under Section 1 of this act.
(2) In addition to all other authority granted to the Scenic Rivers Development Alliance, it is specifically authorized to create, own, operate, establish, acquire, govern, maintain, control, or manage, solely or in partnership with others, any number of nonprofit special purpose entities.
(3) Any special purpose entity created pursuant to this act:
(a) Shall not be a governmental entity;
(b) Shall not have the protections, limitations and immunities set forth in the Mississippi Tort Claims Act;
(c) Shall not be a public corporation;
(d) Shall not be a political subdivision of the State of Mississippi;
(e) Shall not be an instrumentality of the State of Mississippi; and
(f) Shall not be a municipal corporation.
(4) The object and purpose of the various powers conferred and granted under this section is for the initial purpose of private advantage and emolument in order to ultimately allow the public to derive a common benefit from the creation of such special purpose entity or entities, as the case may be; therefore, any special purpose entity created pursuant to this act shall be regarded as a private company.
(5) Any recovery by court judgment, a governmental entity or by way of any other legal document shall be limited to the assets actually owned by the special purpose entity.
(6) The Scenic Rivers Development Alliance shall retain full, exclusive and complete authority, discretion, obligation and responsibility with respect to the business of any special purpose entity.
(7) Control, operation, management and governance of any special purpose entity created pursuant to this act shall remain in the Scenic Rivers Development Alliance.
(8) The Scenic Rivers Development Alliance shall retain sole authority to bind any special purpose entity created, pursuant to this act, by contract, including mortgages, deeds of trust, promissory notes, or other obligations not inconsistent with the provisions of this authority.
(9) In addition to all other provisions of Mississippi statutory law that governs a nonprofit special purpose entity such as a limited liability company; limited liability partnership, nonprofit corporation or similar entity, any special purpose entity created pursuant to this act shall be specifically authorized and directed to do the following:
(a) To secure grants, loans, and public funds from the United States of America and the State of Mississippi, including public and nonpublic funds, intended for the public good, the poor, the disadvantaged and Native Americans.
(b) To incur and issue debt, without ratification from Scenic Rivers Development Alliance or its member counties.
(c) To purchase or acquire and sell property in its own name, without separate ratification from Scenic Rivers Development Alliance or its member counties.
(10) Any officer, director, partner or manager of any special purpose entity created pursuant to this act shall not be public officers.
(11) The actions of any special purpose entity created pursuant to this act shall not require the approval or ratification by the Scenic Rivers Development Alliance or its member counties.
(12) No special purpose entity created pursuant to this act shall be subject to Sections 25-61-1 through 25-61-19, Mississippi Code of 1972, also known as the "Mississippi Public Records Act of 1983" and Sections 25-41-1 through 25-41-17, Mississippi Code of 1972, also known as the "Open Meetings Act."
SECTION 2. This act shall take effect and be in force from and after its passage.
