Senate Bill 2380

AN ACT TO AMEND SECTION 29-15-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE ONLY ADMINISTRATIVE COSTS THE SECRETARY OF STATE MAY RECOVER FROM THE PUBLIC TRUST TIDELANDS FUND ARE THOSE INCURRED BY COLLECTING LEASE RENTALS; TO LIMIT THE AMOUNT OF SUCH ADMINISTRATIVE COSTS THAT MAY BE RECOVERED IN A FISCAL YEAR TO ONE PERCENT OF THE TOTAL AMOUNT OF LEASE RENTALS COLLECTED IN SUCH FISCAL YEAR; TO REQUIRE THAT AT LEAST 33-1/3% OF FUNDS DERIVED FROM LEASE RENTALS SHALL BE DISBURSED TO THE GOVERNING AUTHORITY OF EITHER THE MUNICIPALITY OR COUNTY, WHICHEVER IS APPLICABLE, IN WHICH THE LEASED TIDELANDS PROPERTY IS LOCATED; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. 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) 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 to the special fund. However, funds derived from lease rentals may be used to cover the administrative costs for collecting the rentals incurred by the Secretary of State in an amount not to exceed in any fiscal year one percent (1%) of the total amount of rentals collected in that fiscal year. Funds derived from lease rentals shall not be used to cover attorneys fees, consulting fees, professional service fees or any other fees or costs incurred by the Secretary of State. 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. Next, no less than thirty-three and one-third percent (33-1/3%) of any remaining funds shall be disbursed to the governing authority of the municipality in which the leased tidelands property is located or to the governing authority of the county in which the tidelands property is located if the property is not within the boundaries of a municipality. The municipal or county governing authority, whichever is applicable, is authorized to use these funds for new and extra programs serving the purposes of the public trust for tidelands, such as conservation, reclamation, preservation, acquisition, education, recreation, navigation, fishing, enhancement of public access to the public trust tidelands and public improvement projects as they relate to the public purposes of the public trust for tidelands. Then, any remaining funds shall be disbursed to the commission for new and extra programs serving the purposes of the public trust for tidelands and of tidelands management, such as conservation, reclamation, preservation, acquisition, education * * *or, recreation, navigation, fishing, the enhancement of public access to the public trust tidelands or public improvement projects as they relate to * * *~~those lands~~ the public purposes of the public trust for tidelands.

(3) Any funds that are appropriated as separate line items in an appropriation bill for tideland programs or projects authorized under this section for political subdivisions or other agencies shall be disbursed as provided in this subsection.

(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 or agency. The political subdivision or agency 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.

SECTION 2. This act shall take effect and be in force from and after its passage.