Bill Text: MS SB2285 | 2017 | Regular Session | Introduced
Bill Title: Deepwater Horizon Settlement funds; 95% to be deposited annually into Public Trust Tidelands Fund.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [SB2285 Detail]
Download: Mississippi-2017-SB2285-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Appropriations
By: Senator(s) Wiggins
Senate Bill 2285
AN ACT TO AMEND SECTIONS 27-103-302, 29-15-9 AND 7-7-81, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT 95% OF THE DEEPWATER HORIZON SETTLEMENT FUNDS RECEIVED ANNUALLY BY THE STATE OF MISSISSIPPI SHALL BE DEPOSITED IN THE PUBLIC TRUST TIDELANDS FUND TO BE EXPENDED ON THE MISSISSIPPI GULF COAST AS PROVIDED BY LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 27-103-302, Mississippi Code of 1972, is amended as follows:
27-103-302. (1) All funds received by or on behalf of the State of Mississippi through a negotiated settlement for economic damages in connection with the explosion on, and sinking of, the mobile offshore drilling unit Deepwater Horizon, except for any funds that are required by the settlement to be paid to any other public entity, shall be deposited into the Budget Contingency Fund for appropriation by the Legislature.
(2) Effective with the 2017-2018 fiscal year, the State Treasurer shall deposit an amount equal to ninety-five percent (95%) of the Deepwater Horizon Settlement funds received annually by the State of Mississippi under this section, including interest and proceeds on investment earned on such payments, into the Public Trust Tidelands Fund established in Section 29-15-9, Mississippi Code of 1972, and these amounts shall be distributed and available for expenditure in the manner and solely for the purposes and eligible activities prescribed in Section 29-15-9(2) and (3).
SECTION 2. Section 29-15-9, Mississippi Code of 1972, is amended as follows:
29-15-9. (1) There is created in the State Treasury a special fund to be known as the "Public Trust Tidelands Fund." The fund shall be administered by the Secretary of State as trustee.
(2) Forty percent (40%) of any funds derived from lease rentals of tidelands and submerged lands, except those funds derived from mineral leases, or funds previously specifically designated to be applied to other agencies, shall be transferred annually to the special fund and shall be available for programs of tidelands management and access as authorized under this subsection (2). However, funds derived from lease rentals may be used to cover the administrative cost incurred by the Secretary of State. The Secretary of State shall annually provide to the Chairmen of the House and Senate Marine Resources Committees the total rental amounts received and the total amount of administrative costs incurred. Any remaining funds derived from lease rentals shall be disbursed pro rata to the local taxing authorities for the replacement of lost ad valorem taxes, if any. Then, any remaining funds shall be disbursed to the Mississippi Commission on Marine Resources for new and extra programs of tidelands management, such as conservation, reclamation, preservation, acquisition, education or the enhancement of public access to the public trust tidelands or public improvement projects as they relate to those lands. Any political subdivision, agency or nonprofit entity seeking to qualify for tidelands funds for the subsequent fiscal year shall submit a proposal to the commission no later than July 1 of the preceding fiscal year, and all proposals submitted will be reviewed and evaluated by the commission in accordance to department plans and procedures.
(3) Sixty percent (60%)
of any funds * * * derived from lease rentals of tidelands and submerged lands
shall be appropriated as separate line items in an appropriation bill for
tideland programs or projects authorized under this section for political
subdivisions or other agencies or nonprofit entities, and shall be
disbursed as provided in this subsection (3).
(a) The Department of
Marine Resources shall make progress payments in installments based on the work
completed and material used in the performance of a tidelands project only
after receiving written verification from the political subdivision * * *, agency or nonprofit entity.
The political subdivision * * * or, agency or nonprofit entity shall submit
verification of the work completed or materials in such detail and form that
the department may require.
(b) The Department of Marine Resources shall make funds available for the purpose of using such funds as a match or leverage for federal or other funds that are available for the designated tidelands project. Funds that have been appropriated by the Legislature shall not be repurposed and instead shall be returned to the Public Trust Tidelands Fund for allocation and appropriation.
(4) Effective with the 2017-2018 fiscal year, (a) thirty percent (30%) of the funds which are deposited from the Deepwater Horizon Settlement funds annual distribution under Section 27-103-302(2) shall be disbursed to the commission and be available for new programs of tidelands management and access as authorized in subsection (2) of this section for political subdivisions, agencies and nonprofit entities, and (b) seventy percent (70%) of the funds which are deposited from the Deepwater Horizon Settlement funds annual distribution under Section 27-103-302(2) shall be appropriated as separate line items in an appropriation bill for programs that will grow the economic impact of said funds as authorized in subsection (3) of this section.
SECTION 3. Section 7-7-81, Mississippi Code of 1972, is amended as follows:
7-7-81. (1) The State Auditor shall have the authority to preaudit or postaudit, conduct performance audits and reviews, investigate projects, entities and their use of any funds provided to the state or any of its agencies or subdivision, or any nonprofit organization, from the federal American Recovery and Reinvestment Act of 2009, the federal RESTORE Act, the Gulf Environmental Benefit Fund, and fees derived from the Natural Resource Damage Assessment pursuant to the 2010 Deepwater Horizon explosion and oil spill, and their successors, and deposits made from the Deepwater Horizon Settlement funds annual transfers into the Public Trust Tidelands Fund pursuant to Section 27-103-302(2). If sufficient resources are available, the State Auditor shall maintain an official website and provide public access to copies of audit reports of state and local government entities receiving funds from the American Recovery and Reinvestment Act, the federal RESTORE Act, the Gulf Environmental Benefit Fund, and fees derived from the Natural Resource Damage Assessment pursuant to the 2010 Deepwater Horizon explosion and oil spill, and their successors. The State Auditor shall have the authority to recover costs associated with auditing and investigating such projects and funds within the limits of federal law from any such entity that receives such funds. In addition, the State Auditor shall have the authority to contract with qualified certified public accounting firms to perform selected engagements under this section, if funds are made available for such contracts by the Legislature, the governmental entities covered by this section or by the federal government. All files, working papers, notes, correspondence and any other data compiled by the audit firms in connection with the engagements shall be available upon request, without cost, to the State Auditor for examination and abstracting during the normal business hours of any business day.
(2) A special fund, to be designated as the "Auditor's Enhanced Accountability Fund," shall be created within the State Treasury. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Within the limits of federal law, initial funds shall be deposited from each governing entity receiving monies from the American Recovery and Reinvestment Act, the federal RESTORE Act, the Gulf Environmental Benefit Fund, and fees derived from the Natural Resource Damage Assessment pursuant to the 2010 Deepwater Horizon explosion and oil spill, including any funds derived from Public Trust Tidelands distributions from the Deepwater Horizon Settlement payments, based on a sliding scale to be determined by the State Auditor. Subsequent and additional funds may be deposited from any source made available to the Department of Audit for such purposes. Unexpended monies from the American Recovery and Reinvestment Act, the federal RESTORE Act, the Gulf Environmental Benefit Fund, and fees derived from the Natural Resource Damage Assessment pursuant to the 2010 Deepwater Horizon explosion and oil spill, remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into such fund, but shall be held to pay for postaudit and investigative costs for related expenditures and programs. Monies deposited into the fund shall be disbursed, in the discretion of the State Auditor, to pay the allowable costs of additional preaudit, postaudit, investigative, or other allowable or accountability requirements not funded through regular appropriations or special fund billing provided in this section. Monies in the special fund may be used to reimburse reasonable actual and necessary costs incurred by the State Auditor to accomplish objectives under this section. The State Auditor shall maintain a specific accounting of actual costs incurred for each project for which reimbursements are sought and shall provide a report to the Legislature within sixty (60) days from the end of each fiscal year regarding the nature and amounts of all expenditures. The Department of Audit may escalate its budget and expend such funds in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.
SECTION 4. This act shall take effect and be in force from and after July 1, 2017.
