Bill Text: MS SB2277 | 2012 | Regular Session | Introduced
Bill Title: Marine Resources; establish a retention for fee-dredged materials retained for personal use and establish special account for the fees.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2012-03-06 - Died In Committee [SB2277 Detail]
Download: Mississippi-2012-SB2277-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Ports and Marine Resources; Accountability, Efficiency, Transparency
By: Senator(s) Wiggins
Senate Bill 2277
AN ACT TO AMEND SECTION 49-15-17, MISSISSIPPI CODE OF 1972, TO ESTABLISH A SPECIAL ACCOUNT WITHIN THE SEAFOOD FUND FOR THE BENEFICIAL USE OF DREDGED MATERIALS; TO AMEND SECTION 49-27-61, MISSISSIPPI CODE OF 1972, TO ESTABLISH A RETENTION FEE FOR DREDGED MATERIALS FROM THE COASTAL WETLANDS IF RETAINED FOR PERSONAL USE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-15-17, Mississippi Code of 1972, is amended as follows:
49-15-17. (1) (a) All monies received or obtained by the commission under the provisions of this chapter shall be paid over by the commission to the State Treasurer and shall be deposited into the fund known as the "Seafood Fund." All revenues collected through the department, to include, but not limited to, commercial saltwater licenses and taxes, permits, fines and penalties, and confiscated catches, shall be deposited into the department operating account (Seafood Fund) and expended for the operation of the department, as authorized by the Legislature.
(b) There is established a special account to be known as the "Artificial Reef Program Account" within the Seafood Fund. Any funds received from any public or private source for the purpose of promoting, constructing, monitoring or maintaining artificial reefs in the marine waters of the state or in federal waters adjacent to the marine waters of the state shall be credited to the account. Any unexpended funds remaining in the account at the end of the fiscal year shall not lapse into the Seafood Fund, but shall remain in the account. The department may expend any funds in the account, subject to appropriation by the Legislature, to accomplish the purpose of the account.
(c) There is established a special account to be known as the "Coastal Preserve Account" within the Seafood Fund. Any funds received from any public or private source for the purpose of management, improvement and acquisition of coastal preserves in the state and money required to be deposited pursuant to Sections 27-19-56.10 and 27-19-56.27, shall be credited to the account. Any unexpended funds remaining in the account at the end of the fiscal year shall not lapse into the Seafood Fund, but shall remain in the account. The department may expend any funds in the account, subject to appropriation by the Legislature, for the management, improvement and acquisition of coastal preserves.
(d) There is established a special account to be known as the "Mississippi Seafood Marketing Program Account" within the Seafood Fund. Monies required to be deposited into the account under Section 27-19-56.27 and any funds received from any public or private source for the purpose of promoting the Mississippi seafood industry must be credited to the account. Any unexpended funds remaining in the account at the end of the fiscal year do not lapse into the Seafood Fund, but remain in the account. The department may expend any funds in the account, subject to appropriation by the Legislature, to accomplish the purposes of this account.
(e) There is established a special account to be known as the "Beneficial Use of Dredged Materials Account" within the Seafood Fund. Any funds received from any public or private source for the purpose of implementing and managing beneficial use of dredged material projects and fees required to be deposited pursuant to Section 49-15-61 shall be credited to the account. Any unexpended funds remaining in the account at the end of the fiscal year shall not lapse into the Seafood Fund, but shall remain in the account. The department may expend any funds in the account, subject to appropriation by the Legislature, for the purpose of implementing and managing beneficial use of dredged material projects.
(2) The fund shall be treated as a special trust fund and interest earned on the principal shall be credited to the fund.
(3) The secretary of the commission shall keep accurate reports of monies handled as a part of the permanent records of the commission, and the State Treasurer shall furnish the secretary of the commission such forms as may be needed, and the secretary shall account for such forms in his reports to the Treasurer.
SECTION 2. Section 49-27-61, Mississippi Code of 1972, is amended as follows:
49-27-61. (1) (a) The commission shall charge Fifty Cents (50�) per cubic yard for any * * * materials removed from coastal wetlands by a permittee or his agent under the terms of any permit issued.
(b) There shall be no charge levied by the commission for the removal of one hundred (100) cubic yards or less of any material removed from wetlands by a permittee or his agent under the terms of any permit issued.
(c) The commission may waive these charges on any project of a governmental agency or any project wherein expenditures are made as the result of a governmental grant or governmental bond proceeds.
(d) Any party participating in the beneficial use of dredge materials programs under subsection (2) of this section shall be exempt from these charges.
(e) If a party retains dredge materials for personal or commercial use, the commission shall charge the party the fair market value of the material as a retention fee.
(2) The department shall require any party permitted to conduct dredging activities of over two thousand five hundred (2,500) cubic yards to participate in the department programs involving beneficial use of dredge materials, provided the material is suitable and a beneficial use site is available. If approved by the executive director, or his designee, a party may deposit acceptable dredge materials in a designated location for a fee not to exceed fifty percent (50%) of the fair market cost to transport and dispose of the material in an approved upland site. The department shall consider in-kind services for offsetting depositional charges.
(3) All fees collected under this section shall be deposited into the Beneficial Use of Dredged Materials Account in the Seafood Fund created pursuant to Section 49-15-17, except that one-half (1/2) of the fees collected pursuant to subsection (1)(a) of this section shall be deposited into the General Fund.
SECTION 3. This act shall take effect and be in force from and after its passage.
