Bill Text: MS SB2269 | 2015 | Regular Session | Enrolled
Bill Title: Coast Coliseum Commission; authorize expenditure of money in its trust fund for certain purposes.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Vetoed) 2015-04-23 - Vetoed [SB2269 Detail]
Download: Mississippi-2015-SB2269-Enrolled.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Appropriations
By: Senator(s) Gollott, Moran, Tindell
Senate Bill 2269
(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; 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 * * * January 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, who shall serve at the will and pleasure of such mayors and
whose terms shall 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 * * *
January 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 February
16, 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 * * * or electronic mail 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, subject to the requirements of the Land Development
Ordinances of the City of Biloxi. Multipurpose coliseum and related
facilities shall include a multipurpose coliseum or arena facility, a
convention center and * * * facility grounds. 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 said
act.
Said 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 said multipurpose coliseum and * * * facilities and equipment necessary or
useful in the operation of said 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 said 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
or leases, or the granting of contracts that are less than one hundred
eighty (180) days for the use, operation and maintenance of the premises * * *.
The commission shall publish all rules and regulations, and any amendments
thereto, regarding any such contracts on commission and county websites for
twenty-one (21) consecutive * * *
days, and fixing a time and place not more than ten (10) days after the
last day of publication on such websites to hold public hearing
to receive and hear objections to such rules and regulations. 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 franchise, license or lease may be granted,
the commission shall * * *
notify the Harrison County Board of Supervisors and publish its intent
to grant such franchise, license or lease contract and the conditions
upon which same shall be granted. Such publication shall be made for * * * twenty-one (21) consecutive * * * days on the commission website and county website.
All bids received shall be sealed, and shall be opened at a date, time and
place set forth * * * on the websites, which date shall not be less
than five (5) days nor more than ten (10) days after the last day of
publication on such websites.
Unless the commission shall
find that the successful bidder cannot demonstrate financial responsibility to
comply with the terms and conditions of the franchise, license or lease, or
cannot perform the services required thereunder, it shall, subject to the
limitations set forth under this chapter, * * * recommend the granting of said
franchise, license or lease 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 hereby authorized to take liability insurance on the operation of said 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, Mississippi Code of 1972; 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 said 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 said government or an
agency of said 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 * * * on the commission and county websites for * * * twenty-one (21) consecutive * * * days, * * *
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 March
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. 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, without approval of such expenditures by the Legislature.
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 said committee and officer may, in their discretion, exempt said 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 January 1, 2016.
