Bill Text: MS HB609 | 2017 | Regular Session | Introduced
Bill Title: Tidelands; exempt municipal small water craft harbors from obtaining a tidelands lease from the Secretary of State.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2017-01-31 - Died In Committee [HB609 Detail]
Download: Mississippi-2017-HB609-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Marine Resources
By: Representative Patterson
House Bill 609
AN ACT TO AMEND SECTIONS 59-15-1 AND 59-7-405, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MUNICIPAL SMALL WATER CRAFT HARBORS ARE EXEMPT FROM LEASING REQUIREMENTS OF THE SECRETARY OF STATE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 59-15-1, Mississippi Code of 1972, is amended as follows:
59-15-1. (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,
reclamation, lease, dedication, or otherwise, 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, * * * encumber, construct, own, hold,
maintain, equip, use, control and operate recreational parks and harbors for
small water craft.
(2) Municipal small water craft harbors created under this section are exempt from any tidelands leasing requirements of the Secretary of State if no establishment requiring a "gaming license," as defined in Section 75-76-5, is located in the harbor.
SECTION 2. Section 59-7-405, Mississippi Code of 1972, is amended as follows:
59-7-405. (1) (a) The governing authorities of any municipality in which there is situated and located, in whole or in part, a port or harbor through which commerce flows, and having not less than eight (8) industries engaged in the seafood industry, which maintains a channel and/or harbor to a depth of not less than eight (8) feet, may engage in, either directly or through the commission hereinafter provided and designated, and such other agencies as hereafter may be provided by law, works of internal improvement, or promoting, developing, constructing, maintaining and operating harbors or seaports within the state and its jurisdiction, and either directly or through the commission hereinafter provided for, with the power and authority to acquire, purchase, install, rent, lease, mortgage and/or otherwise encumber, to construct, own, hold, maintain, equip, use, control and operate at seaports or harbors, wharves, piers, docks, warehouses, cold storage facilities, water and rail terminals, airplane landing fields and strips, and other structures and facilities, needful for the convenient use of the same in the aid of commerce and navigation, and including the dredging of channels and approaches to the facilities, and being authorized to fill in and reclaim bottomlands where incidental and necessary to the foregoing development.
(b) A municipality, which is operating a port through a port commission under this section, may dissolve the port commission as provided in Section 59-7-408 and directly operate and maintain the port as provided under this article.
(2) The municipal authorities or commission, in connection with the exercise of the foregoing works of improvement and development, may as an adjunct to any such work of improvement or development to erect or construct such bridges, causeways or structures as may be required for access to and from the harbors or facilities provided as aforesaid by the municipal authorities or the commission, and including any necessary bridge or causeway or combination of the same, connecting with any island or islands lying within three (3) leagues of the main shoreline of the Mississippi Sound or the Gulf of Mexico, and whether the same be within or without the limits of the municipality concerned.
(3) The municipal authorities or commission may procure, by gift, grant, purchase, or by the exercise of eminent domain, and for the public purposes and uses herein provided for, such land or interest therein as may be required for the purposes of this article, and regardless of whether the land be within or without the limits of the municipality involved.
(4) The municipal authorities or commission, in the exercise of the powers granted hereunder, may provide any of the aforesaid facilities alone or in collaboration and in conjunction with any other public bodies, entities or commissions, as may now or hereafter be established by law.
(5) The municipal authorities or commission may provide, among other harbor facilities, small craft and pleasure craft harbors and facilities needed therefor, including park and recreational facilities as an adjunct thereto, and in order to develop and promote tourist and recreational trade in the port.
(6) The municipal authorities or commission have the power and authority to carry out the provisions of this article, to employ engineers, attorneys, and such employees as may be necessary in carrying out the provisions of this article, from time to time, and for the purpose of operating the facilities herein provided for, and may prescribe reasonable compensation in connection with such employment.
(7) Municipal small water craft harbors created under this section are exempt from any tidelands leasing requirements of the Secretary of State if no establishment requiring a "gaming license," as defined in Section 75-76-5, is located in the harbor.
SECTION 3. This act shall take effect and be in force from and after its passage.
