MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Local and Private Legislation
By: Representative Barton
AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF JACKSON COUNTY, MISSISSIPPI, AS OWNERS OF SINGING RIVER HEALTH SYSTEM, TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE MISSISSIPPI DEPARTMENT OF FINANCE AND ADMINISTRATION FOR THE DEVELOPMENT OF THE SINGING RIVER HEALTHCARE WORKFORCE ACADEMY; TO AUTHORIZE THE BOARD OF SUPERVISORS TO LEASE THE SINGING RIVER HEALTHCARE WORKFORCE ACADEMY TO THE PURCHASER OF SINGING RIVER HEALTH SYSTEM OR OTHER PERSONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this act:
(a) "Board of supervisors" and "board" means the Board of Supervisors of Jackson County, Mississippi.
(b) "County" means Jackson County, Mississippi.
(c) "DFA" means the Mississippi Department of Finance and Administration, an agency of the State of Mississippi.
(d) "Health System" means the Singing River Health System.
(e) "Healthcare workforce academy" and "project" means the Singing River Healthcare Workforce Academy specified in Section 29(b) of Senate Bill 3045, 2022 Regular Legislative Session, Laws of 2022.
(f) "Operator of the healthcare workforce academy" means Singing River Health System, or its successor(s), purchaser(s), manager(s), or other entity(ies) that the county approves to purchase, lease, manage, or otherwise control Singing River Health System or the healthcare workforce academy.
SECTION 2. When the board of supervisors finds and determines that the public convenience and necessity require the same, as evidenced by a resolution duly adopted and entered on the official minutes of such board, the board of supervisors, in its discretion, may assume all rights, responsibilities, and obligations of the Health System under that certain memorandum of understanding entered into between the Health System and DFA, effective on or about March 3, 2022, for the purpose of establishing the agreed upon conditions under which DFA may disburse funds to assist the Health System in paying costs associated with the healthcare workforce academy project specified in Section 29(b) of Senate Bill 3045, 2022 Regular Legislative Session, Laws of 2022.
SECTION 3. (1) The board of supervisors is hereby expressly authorized and empowered to acquire by gift, purchase or otherwise, and to own, hold, maintain, control and develop real estate and personal property situated within the county, either within or without the corporate limits of a municipality, for development, use and operation as a healthcare workforce academy and 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, site improvements, and water, sewerage, drainage, pollution and other related facilities necessary or required for the development of said healthcare workforce academy, and to acquire, purchase, install, lease, finance, construct, own, hold, equip, control, maintain, use, operate and repair structures and facilities necessary and convenient for the planning, development, use, operation and maintenance of such healthcare workforce academy. If the board takes by gift or otherwise any land, buildings or other tangible assets from Singing River Health System or any other persons, corporations, public or private for the benefit, use or purpose of the healthcare workforce academy, the board may assume all or any part of the liabilities resulting from such acceptance under such terms and conditions as will be in the best interest of the citizens of the county.
(2) The board of supervisors is authorized and empowered to sell, lease, trade, exchange or otherwise dispose of sites, buildings, equipment and facilities to individuals, firms or corporations, public or private, for all types of healthcare workforce academy uses upon such terms and conditions, for such consideration, and with such safeguards as will best promote and protect the public interest, convenience and necessity, and to execute options, deeds, leases, contracts, easements and other legal instruments necessary or convenient therefor. The board may also contribute funds and/or resources directly to the development and cost of operation of the healthcare workforce academy.
(3) The board of supervisors is authorized and empowered to fix and prescribe fees, charges and rates, if any, for the use of any water, sewage, or other facilities constructed and operated in connection with the healthcare workforce academy and to collect the same from persons, firms and corporations using the same.
(4) The board of supervisors is authorized and empowered to employ engineers, attorneys, accountants, consultants and such executive and administrative personnel and other employees or independent contractors as shall be reasonably necessary to carry out the duties and authority authorized by this act, to determine their qualifications and duties and to establish compensation and other employment benefits as may be advisable to attract and retain proficient personnel. The board, in addition to all other powers, is authorized and empowered to purchase, lease, sell and trade office equipment, to purchase necessary office supplies, to purchase or lease any equipment and vehicles the board deems necessary for the healthcare workforce academy to carry out the purposes of this act. The board is authorized, in addition to all other powers, to buy, lease, sell, convey and do all other necessary business transactions for carrying out the purpose of and administering the healthcare workforce academy and to do all acts necessary and convenient to operate and carry out the duties of the board in relation to the project.
(5) The enumeration of any specific rights and powers contained herein, and elsewhere in this act, where followed by general powers, shall not be construed in a restrictive sense, but rather in a broad and comprehensive sense as possible to effectuate the purposes of this act. Nothing in this act should be construed to limit, restrict, or otherwise alter the duties,
responsibilities and authority of the board of supervisors as provided under the Mississippi Constitution of 1890 and the laws of the State of Mississippi.
(6) Any purchase agreement or lease pertaining to the healthcare workforce academy and to carry out the purposes of this act may be executed upon such terms and conditions and for such monetary rental or other consideration as may be found adequate or approved by the board in orders or resolutions authorizing the same. Any such lease shall not exceed a term of up to fifteen (15) years and may be subsequently renewed for additional terms not to exceed fifteen (15) years. Any covenants and obligations of the purchaser or lessee to make expenditures in determined amounts, and within such time or times, for improvements to be erected on the land by such purchaser or lessee and to conduct thereon healthcare workforce academy operations in such aggregate payroll amounts and for such period of time or times as may be determined and defined in such purchase agreement or lease, or to give preference in employment where practicable to qualified residents of the county in which the project is situated, shall, if included in such purchase agreement or lease, constitute and be deemed sufficient consideration for the execution of any such purchase agreement or lease in the absence of a monetary rental or other consideration.
(7) In addition to any other authority prescribed by law, the board of supervisors, in its discretion, may issue bonds for construction, improvement, operation and maintenance of the healthcare workforce academy pursuant to the requirements and procedures of Sections 19-9-1 et seq., Mississippi Code of 1972, and such bonds may be secured by the general obligation of the county, any revenues generated by the project, or as otherwise provided by law. Any such indebtedness issued for the purposes of this act shall not be subject to the debt limitations prescribed by Section 19-9-5, Mississippi Code of 1972.
(8) Not less than sixty (60) days prior to the end of its fiscal year, the operator of the healthcare workforce academy shall file with the board of supervisors a budget of projected revenues, expenses and other financial activities for the coming fiscal year for the project in a form satisfactory to the board of supervisors and, in addition thereto, as soon after the end of each fiscal year as practicable, the operator of the healthcare workforce academy shall file with the board of supervisors a copy of its certified audit and financial statement for the immediate past fiscal year of the project.
SECTION 4. The board of supervisors is authorized and empowered to take all actions and expend any such funds as shall be necessary or determined to be in the public interest for the promotion of the healthcare workforce academy in the county, including, but not limited to expending such funds of the county as shall be necessary or determined in the public interest to develop and promote the county's healthcare workforce, promote available healthcare jobs within the county, and to develop and promote such training programs for the same.
SECTION 5. The carrying out of the purposes of the healthcare workforce academy is in all respects for the benefit of the people of the county and is a public purpose, and the county will be performing an essential governmental function in the exercise of the powers conferred upon it by this act. Hence, any property owned or held by the county or under its jurisdiction under the provisions of this act shall be exempt from all taxation in the State of Mississippi.
SECTION 6. The notes specifically authorized by this act shall be exempt from all income taxation in the state and shall not be included in any debt limit calculation.
SECTION 7. In addition to rights, duties and powers now or hereafter conferred upon the board of supervisors, the board of supervisors, is authorized and empowered, in its discretion, to make available to the operator of the healthcare workforce academy any revenue in the general fund of the county which is otherwise unappropriated, for the purposes provided for in this act.
SECTION 8. The board of supervisors, in addition to the monies which may be received by it from the sale of bonds, notes and from the collection of revenues, rents and earnings derived under the provisions of this act, shall have the authority to accept from any public or private agency, or from any individual, grants for or in aid of the construction of the project, or for the payment of bonds, and to receive and accept contributions from any source of money or property or other things of value to be held, used and applied only for the purposes for which such grants or contributions may be made.
SECTION 9. (1) Notwithstanding any provision of this act to the contrary, the board of supervisors and the governing authorities of any municipality located within the county, may enter into a contract providing for the delivery of healthcare workforce development services to the municipality and contribution of funds by the municipality to the county for purposes of the project.
(2) The board of supervisors may enter into a contract or agreement with the governing body of any other local or regional economic or industrial development foundation, private economic development group, or other public entity or alliance for the purposes of promoting, attracting and locating healthcare workforce participants within the county.
SECTION 10. The board of supervisors is authorized to apply for and accept grants and loans on behalf of the county for promotion of the healthcare workforce academy in the county and any contracting municipality from the State of Mississippi or the United States or any agency thereof, and to contract with any agency of the State of Mississippi and the United States for the development of the healthcare workforce academy.
SECTION 11. This act shall be deemed to be full and complete authority for the exercise of the powers herein granted, but this act shall not be deemed to repeal or to be in derogation of any existing law of this state wherein projects of the character herein defined may be constructed or financed.
SECTION 12. The board of supervisors is authorized and empowered to adopt any and all lawful resolutions, orders and/or ordinances, to execute such documents, contracts, leases, certificates and indentures, and to do and perform any and all acts and things necessary and requisite to carry out the purposes of this act.
SECTION 13. This act shall take effect and be in force from and after its passage.