Bill Text: MS SB2518 | 2022 | Regular Session | Introduced

Mississippi Senate Bill 2518 (Prior Session Legislation)

Introduced

Bill Title: State parks; transfer jurisdiction from WFP Department and Commission to MDA Tourism Division.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2022-02-10 - Died On Calendar [SB2518 Detail]

Download: Mississippi-2022-SB2518-Introduced.html

MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Wildlife, Fisheries and Parks

By: Senator(s) Whaley

Senate Bill 2518

AN ACT TO AMEND SECTION 55-3-33, MISSISSIPPI CODE OF 1972, TO TRANSFER JURISDICTION OVER STATE PARKS FROM THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS TO THE MISSISSIPPI DEVELOPMENT AUTHORITY'S TOURISM DIVISION; TO AMEND SECTIONS 55-3-1, 55-3-2, 55-3-5, 55-3-7, 55-3-9, 55-3-31, 55-3-41, 55-3-45, 55-3-47, 55-3-48, 55-3-49, 55-3-51, 55-3-53, 55-3-54, 55-3-57, 55-3-59, 55-3-61, 55-3-63, 55-3-65, 55-3-83, 55-3-101, 49-1-1, 49-1-29, 49-4-3, 49-4-7, 49-4-8, 49-4-9, 49-4-11, 49-5-2, 49-5-86, 49-5-105, 49-5-147, 49-6-1, 49-7-1, 49-7-39, 49-7-161, 49-8-3, 49-9-1, 49-11-1, 49-13-3, 27-7-22.22, 51-4-3, 59-21-3, 59-25-1 AND 67-1-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE TOURISM DIVISION SHALL LEASE ONLY TO PUBLIC ENTITIES AND IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 55-3-33, Mississippi Code of 1972, is amended as follows:

55-3-33. (1) The * * * division may:

(a) Take charge and have full jurisdiction and control over all state parks, which parks shall be operated for the purpose of providing outdoor recreational activities and enjoyment for the citizens of the State of Mississippi and for the purpose of attracting visitors to the state * * *.;

(b) Set up a uniform accounting procedure for the state parks and prescribe the manner in which books, records and accounts shall be kept, which procedure shall account for all monies taken in and expended by the various parks and shall provide for periodic audits of such books * * *.;

(c) Accept gifts, bequests of money or other property, real or personal, to be used for the purpose of advancing the recreation and conservation interests in state parks. The * * * ~~department~~ division is authorized, subject to approval by the State Legislature, to purchase property, real or personal, to be used for state park purposes * * *.;

(d) Contract with the State Transportation Commission, any municipality or board of supervisors of the state for locating, constructing and maintaining roads and other improvements in state parks and for payment of a part of the costs thereof; however, no county or municipality more than twenty-five (25) miles distant from a state park may contract for, or do, or pay for any such work for a state park other than the International Gardens of Mississippi. Any county or municipality authorized to assist financially under the provisions of Sections 55-3-31 through 55-3-51 is authorized, in the discretion of its respective governing authority, to set aside, appropriate and expend monies from the General Fund for the purpose of defraying such expense after a mandatory election is held on the question within the county or municipality * * *.;

(e) Designate employees as peace officers with power to make arrests for infraction of the rules and regulations of the * * * ~~department~~ division. Such officers are authorized to carry weapons and to enforce the laws of the State of Mississippi within the confines of a state park * * *.;

(f) Enforce and delegate the responsibility to enforce all reasonable rules and regulations governing the occupancy and use of lands and waters in state parks under its jurisdiction, supply recreational and conservation facilities and charge fees for the use of same; review all rates and charges for facilities and accommodations furnished at the various state parks annually, making such charges as are justified; and establish fees for entrance to state parks * * *.;

(g) * * * To Periodically establish a discounted fee or fees for the entry and use of selected state parks and recreational facilities. The discounted fee or fees shall only be used for the purpose or purposes of marketing and promotion to increase the patronage and revenue of those selected parks and facilities. The discounted fee or fees shall not be considered a donation of state property.

Each park shall retain from revenues generated therein, a sum sufficient to pay necessary expenses of operation, but in no event to be less than seventy-five percent (75%) of such revenues.

(2) The * * * ~~department~~ division shall have the authority to lease to any public entity, sell and convey or otherwise transfer to any county or municipality, or close any state park or historical site within its jurisdiction which received a general fund subsidy in fiscal year 1985 in excess of Two Dollars ($2.00) per visitor to such state park or historical site; provided, however, that this authority shall not include the authority to sell, lease or convey any park that was not in operation under the jurisdiction of the * * * ~~department~~ division for a full fiscal year prior to fiscal year 1986.

(3) The * * * ~~department~~ division may execute agreements with rails-to-trails and recreational districts by which the * * * ~~department~~ division will assume responsibility for the operation and maintenance of trails developed under Sections 55-25-1 through 55-25-15.

(4) (a) The * * * ~~department~~ division may contract with the electric public utility with a certificate of public convenience and necessity to serve the area where a state park is located for the transfer of ownership of the electrical infrastructure in the state park to that electric public utility.

(b) If the electric public utility enters into an agreement for the operation and maintenance of electrical facilities in a state park, the electric public utility may perform any upgrades to the electrical infrastructure of the park that are necessary for the electrical infrastructure to be in compliance with the electric public utility standards. The electric public utility may assess the costs of the upgrades to the * * * ~~department~~ division upon the terms and conditions agreed to by the * * * ~~department~~ division and the electric public utility.

(c) The * * * ~~department~~ division may contract with the electric public utility with the certificate of public convenience and necessity to serve the area for the erection, construction, maintenance, operation and control of electric distribution substations, electric transmission lines, electrical appurtenances, electrical appliances or electrical equipment necessary or useful in the operation or distribution of electric power or energy in the state park.

(d) Any agreement entered into by the * * * ~~department~~ division and an electric public utility under this subsection is exempt from the public purchasing requirements under Section 31-7-13.

(5) The division may acquire and hold for the state by purchase, condemnation, lease, or agreement as authorized from time to time by the Legislature, and may receive, by gifts or devise, lands or water suitable for state parks, and may approve lands suitable for such purposes as eligible for the income tax credit authorized under Section 27-7-22.22.

(6) The division shall be the successor to the department or the commission with respect to any benefits or obligations regarding state parks in any contracts in effect as of July 1, 2022.

SECTION 2. Section 55-3-1, Mississippi Code of 1972, is amended as follows:

55-3-1. The Governor of the state is authorized to accept gifts of land to the state, not to exceed ten percent (10%) of the area of any county, to be held, protected, and administered by the State Forestry Commission as state forests and parks and to be used to demonstrate their practical utility for reforestation and as breeding places for wild game, and he is authorized to accept gifts of land to be used and administered * * * ~~by the commission~~ as state parks. Such gifts must be absolute, except for the reservation of any or all mineral rights, and in no case shall exceed ten percent (10%) of the area of any county wherein such lands may be situated. The Attorney General is directed to see that all deeds to the state are properly executed and that the titles thereto are free and clear of all encumbrances before the gift is accepted. When any donation exceeding six hundred (600) acres is made, the name of the donor or any name he may suggest, on the approval of the * * * ~~commission~~ division shall be given such donation as the designation of such forest or park.

SECTION 3. Section 55-3-2, Mississippi Code of 1972, is amended as follows:

55-3-2. For purposes of this chapter * * * ~~3, Title 55, Mississippi Code of 1972~~, the following words shall have the meanings ascribed herein unless the context otherwise requires:

(a) "Commission" means the Mississippi Commission on Wildlife and Fisheries. Any reference in any laws of the State of Mississippi to the "Commission on Wildlife, Fisheries and Parks" shall be deemed to mean the Commission on Wildlife and Fisheries.

(b) "Department" means the Mississippi Department of Wildlife and Fisheries. Any reference in any laws of the State of Mississippi to the "Department of Wildlife, Fisheries and Parks" shall be deemed to mean the Department of Wildlife and Fisheries.

(d) "Division" means the Tourism Division of the Mississippi Development Authority.

SECTION 4. Section 55-3-5, Mississippi Code of 1972, is amended as follows:

55-3-5. (1) The department is authorized to survey, or cause to be surveyed, all areas of land owned by the state for the purpose of determining the adaptability of such areas for use as * * * ~~state parks,~~ state forests and/or game and fish preserves to be developed for the control of stream flow and erosion, recreation, game and fish refuges or preserves, forest preserves, and for other similar uses.

(2) The division is authorized to survey, or cause to be surveyed, all areas of land owned by the state for the purpose of determining the adaptability of such areas for use as state parks to be developed for recreation.

SECTION 5. Section 55-3-7, Mississippi Code of 1972, is amended as follows:

55-3-7. The commission shall investigate and determine whether or not the public interests may be served by the utilization of any lands owned by the State of Mississippi, for state forests * * *~~, parks,~~ game and fish preserves, recreation centers, and for other public purposes, * * * ~~and~~ except for the purpose of state parks, for which the investigation and determination shall be made by the division. The findings of the commission or the division, as the case may be, shall be submitted to the board of supervisors of the county wherein such lands lie. Thereupon the clerk of the board of supervisors shall post, or cause to be posted, in three (3) public places in said county, one (1) of which shall be the courthouse of said county, a notice setting out the findings of the commission or the division, as the case may be, and describing the lands involved and reciting that a hearing will be had before said board at its first regular meeting held after the expiration of twenty-one (21) days from the date of posting such notice, and that at such meeting any objections to the proposed transfer and dedication will be heard. Furthermore, the chancery clerk shall send by registered mail, with a return receipt requested, a copy of such notice to each person shown by the assessment rolls to have been the owner or of any of the lands concerned should such lands have been sold for taxes. However, any irregularity in the giving of such notice, either by posting or by mail, shall not invalidate any transfer or dedication made. After such hearing, the board of supervisors shall spread its findings upon its minutes, and if the transfer and dedication be approved, a certified copy of such findings shall be forwarded to the commission or the division. The commission or the division, upon receipt of such resolution, shall forward the same, together with its findings as to the description of such transfer and dedication, to the Governor. If he finds that the board of supervisors of the county wherein such lands lie has approved such transfer and dedication, he may, in his discretion, set aside and dedicate any lands owned by the state for such purposes above mentioned. After the Governor has proclaimed, set aside and dedicated any lands for such purposes, the same shall not thereafter be sold. However, no lands forfeited to the state for nonpayment of taxes thereon shall be so transferred and dedicated until after the expiration of eighteen (18) months after the date of maturity of such tax titles in the state.

SECTION 6. Section 55-3-9, Mississippi Code of 1972, is amended as follows:

55-3-9. If in the opinion of the commission, it is necessary to consolidate state lands for more economical administration as * * * ~~state parks and~~ state forests, or if in the opinion of the division, it is necessary to consolidate state lands for more economical administration as state parks, the Secretary of State, by and with the approval of the Governor, is authorized to exchange with individuals or corporations any state lands for other lands owned by individuals or corporations. The owner of such private lands shall make application for such exchange. In event such exchange is applied for, the Secretary of State is authorized to issue a patent, as provided by the existing statutes, to any landowner, upon the execution and delivery by the landowner of a deed conveying to the state land of equivalent value.

SECTION 7. Section 55-3-31, Mississippi Code of 1972, is amended as follows:

55-3-31. (1) The Mississippi Department of Wildlife, Fisheries and Parks shall be the Mississippi Commission on Natural Resources, Bureau of Recreation and Parks, and shall retain all powers and duties granted by law to the Department of Natural Resources, Bureau of Recreation and Parks, and wherever the term Department of Natural Resources, Bureau of Recreation and Parks, appears in any law it shall mean the Department of Wildlife, Fisheries and Parks.

(2) The words "Mississippi Park Commission," wherever they may appear in the laws of the State of Mississippi, shall be construed to mean the * * * division.

SECTION 8. Section 55-3-41, Mississippi Code of 1972, is amended as follows:

55-3-41. A fund to be known as "Mississippi Park Fund" is hereby established in the State Treasury, and all funds held in the "Mississippi Park System Fund" shall be transferred thereto.

Funds collected by the * * * ~~department~~ division shall be deposited in the State Treasury to the credit of the fund. The interest from the Mississippi Park Fund earned from any investment or deposit made pursuant to Section 27-105-33, Mississippi Code of 1972, shall be credited to the Mississippi Park Fund by the treasurer. Expenditures shall be made from the fund upon requisition signed by the executive director, or by a person whom the executive director may designate, and the State Fiscal Officer shall issue his warrant on the State Treasury payable out of the Mississippi Park Fund. All funds in the Mississippi Park Fund shall be expended only pursuant to appropriation approved by the Legislature and as provided by law.

SECTION 9. Section 55-3-45, Mississippi Code of 1972, is amended as follows:

55-3-45. The * * * ~~commission~~ division may appoint for each state park a local advisory committee to furnish counsel and advice to the executive director and to park personnel concerning the operation and development of said park. The committee is to serve without pay.

SECTION 10. Section 55-3-47, Mississippi Code of 1972, is amended as follows:

55-3-47. (1) In order to carry out its management responsibilities over all state park lands which are now or which may hereafter come under its jurisdiction, the * * * division is hereby authorized to lease to any public entity, and to grant easements and rights-of-way over and across, any part of such state park lands. Such leases, easements and rights-of-way may be granted for such consideration, and upon such terms and conditions, as the * * * ~~department~~ division may deem to be in the best interest of the state, consistent with the use of said lands for recreational purposes, and subject to the following limitations: The * * * ~~department~~ division shall lease such lands for a term not exceeding twenty-five (25) years and shall grant in the original lease contract a nonnegotiable option to renew such lease for an additional term not to exceed twenty-five (25) years. Both the original lease contract and the option to renew such lease shall be transferable contracts. Further, the * * * ~~department~~ division shall not lease such lands for purposes which are incompatible with recreational use and may place such terms, limitations, restrictions and conditions in such leases as are deemed necessary to ensure the proper utilization of such lands. Any easement for a utility line shall be granted for that period of time which the * * * ~~department~~ division deems to be in the best interest of a state park.

(2) The * * * ~~department~~ division is further authorized to enter into such agreements as may be required, upon such terms as may be found to be in the best interest of the state, in settlement of disputes or litigation regarding the title to or boundaries of any state park lands within the jurisdiction of the * * * ~~department~~ division, provided such settlement agreements shall be negotiated and drafted with the advice, counsel and assistance of the Attorney General and shall be approved by the Department of Finance and Administration.

(3) In case any of the real estate within any state park under the jurisdiction of the * * * ~~department~~ division shall cease to be used or useful for state park purposes, or becomes the subject of boundary or title disputes or litigation, the * * * ~~department~~ division may sell and convey the same, with the approval of the Department of Finance and Administration, upon such terms as the Department of Finance and Administration may elect and may, in addition, exchange the same, with the approval of the * * * ~~department~~ division, for real estate belonging to any other political subdivision or state, county or local governmental agency or department. The * * * ~~department~~ division is authorized to sell and convey or otherwise transfer any state park or historical site as described in subsection (2) of Section 55-3-33. Before any such sale or transfer, except as may occur in settlement of title or boundary disputes or litigation, the * * * ~~department~~ division shall publish notice of its intention to sell the park land by public sale to the highest and best bidder at least once each week for three (3) consecutive weeks in at least one (1) public newspaper of general circulation in the county where such land is located and also in at least one (1) newspaper of general circulation throughout the state. Prior to any such sale, the * * * ~~department~~ division shall obtain at least two (2) separate and independent appraisals of the land to be sold and may not accept any bid lower than the average of all appraisals made. The * * * ~~department~~ division may reject any and all bids. The owner or any co-owner of record next preceding the state in title to any lands sold hereunder by public bid, excluding any entity which may have exercised the power of eminent domain to assist the state in acquiring said lands, shall have the opportunity to reacquire such lands by matching the successful bid therefor. If the owner or any co-owner of record next preceding the state in title, or the heirs or estate of such owner or co-owner, acquires said lands, then the * * * ~~department~~ division shall not reserve unto the state any minerals owned by the state underlying the conveyed lands. However, if anyone other than such owner or co-owner, or his heirs or estate, acquires said lands, then the * * * ~~department~~ division shall reserve unto the state one-half (1/2) of the minerals owned by the state underlying the conveyed lands, except for lands sold in settlement of title or boundary disputes or litigation, in which case the * * * ~~department~~ division may, in its discretion, reserve said minerals. Appraisal fees shall be shared equally by the * * * ~~department~~ division and purchaser.

(4) In exercising the authority granted in this section, the * * * ~~department~~ division may act by and through its executive director in the execution of any document or instrument prepared hereunder. Any lease, deed or settlement agreement executed under the provisions of this section shall bear the seal and attest of the Secretary of State, with whom said instrument or document shall be filed and recorded in addition to any other recording requirements of state law.

This section shall not apply to sixteenth section school lands or lieu lands included within any state park, except as may be necessary or appropriate for the * * * ~~department~~ division to ratify or confirm any action taken by the agency or department having jurisdiction over such school or lieu lands.

All revenues collected by the * * * ~~department~~ division by virtue of any transaction consummated under the provisions of this section shall be deposited in the Mississippi Park Fund created by Section 55-3-41, from which funds shall be expended only as authorized by the legislative appropriations process.

(5) This section shall not apply to the donation and conveyance of the Nanih Waiya State Park to the Mississippi Band of Choctaw Indians.

SECTION 11. Section 55-3-48, Mississippi Code of 1972, is amended as follows:

55-3-48. * * *

( * * *21) The * * * division may conduct a pilot program to lease to any person, private entity or governmental entity for commercial development on United States Corp of Engineer's lands within the following state parks: * * * ~~George P. Cossar,~~ Hugh White and John W. Kyle. The * * * ~~commission~~ division shall establish criteria for identifying such land or property.

( * * *32) (a) Before approving any land or property located within any of the three (3) state parks for commercial lease and development, the * * * ~~commission~~ division must make an affirmative finding and enter upon its official minutes a statement that the development of the land will not be incompatible with the outdoor recreational purposes and opportunities existing at the park or inaccessible to the general public.

(b) The lease may be for a term and upon conditions as the * * * ~~commission~~ division may deem to be in the best interest of the state.

( * * *43) If any lease executed under the provisions of this section results in a person being terminated or removed from employment with the * * * ~~department~~ division, then the * * * ~~department~~ division shall give preference to hiring that person when filling vacant or new employment positions elsewhere within the * * * ~~department~~ division.

( * * *54) A developer or lessee may sublease such portions of his lease as may be necessary for the development of a project. A sublease shall be an assignable contract and shall be for commercial purposes, as approved by the * * * ~~commission~~ division; however, a sublease may not be for a term in excess of the remaining term of the developer's lease. Each sublease from the developer shall contain an option for the sublessee to renew or renegotiate the lease directly with the department, at any time following ten (10) years after the beginning date of any sublease from the developer.

( * * *65) Rental payments due under any lease executed under this section shall be paid to the department and shall be deposited into the State Park Lease Development Endowment Fund created in this section.

( * * *76) Any construction occurring on land or property leased under this section must fully comply with all applicable state laws, rules and regulations, and any local building codes and zoning ordinances. Development plans and construction must have the prior approval of the * * * ~~commission~~ division.

( * * *87) The * * * division may enter into contracts or agreements with agencies of the United States government, municipalities, corporations, districts, public agencies, political subdivisions of any kind, and others for any services, facilities, utilities or commodities that any development project under the provisions of this section may require. The contract or agreement may be assigned to the developer or lessee, may be upon any terms that conform to the provisions of this section, may be for any time as the parties may agree, and may provide that the contract or agreement shall continue in effect until assigned to, or renegotiated by, a sublessee of the developer or lessee.

( * * *98) There is created in the State Treasury a special fund to be known as the "State Park Lease Development Endowment Fund." The fund shall consist of all monies required to be deposited therein under the provisions of this section. The principal of the fund shall remain inviolate and shall be invested as provided by law. Interest and income derived from investment of the principal of the fund may be expended by the * * * division upon appropriation by the Legislature, only for the purpose of constructing, reconstructing, repairing, renovating or making improvements to real and personal property and facilities located within the state parks. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the fund.

( * * *109) (a) There is created a State Parks Pilot Program Advisory Council to the * * * division to advise and assist the * * * ~~commission~~ division on the selection of any developers, development plans and approval of leases for development of the three (3) state parks under the provisions of this section with any person, private or governmental entity. Members of the advisory council shall have no veto authority, and shall serve only as ex officio members of the * * * ~~commission~~ division.

(b) The advisory council shall consist of three (3) members, one (1) member each to be selected and appointed by the Boards of Supervisors for Grenada, Panola and Yalobusha Counties, representative of each county in which a pilot-program park is located. The terms of the members of the advisory council shall run concurrently with the term of the appointing board of supervisors. In making its appointment to the advisory council, the boards of supervisors shall be limited to appointing an individual who is a member of the following organizations:

(i) A flood control/navigation or upper levee board association;

(ii) A statewide soil, water and conservation organization;

(iii) A statewide recreational organization;

(iv) A statewide garden club association; or

(v) A tourism and economic development association.

SECTION 12. Section 55-3-49, Mississippi Code of 1972, is amended as follows:

55-3-49. The * * * ~~department~~ division, through * * * ~~its~~ the executive director, shall inaugurate a positive program of preventive maintenance for all parks under its jurisdiction.

SECTION 13. Section 55-3-51, Mississippi Code of 1972, is amended as follows:

55-3-51. The department or the division, as applicable, shall give due and careful attention to the proper development of historical sites designated within its jurisdiction. However, the department or the division shall not accept for its supervision, control, responsibility or jurisdiction any historic sites hereafter offered to it without prior legislative approval.

SECTION 14. Section 55-3-53, Mississippi Code of 1972, is amended as follows:

55-3-53. (1) The * * * division is hereby authorized and empowered to sell and dispose of timber, trees, deadwood and stumps standing, growing and being upon the lands of state parks. Such timber shall be sold and disposed of under the direction and specifications of the * * * division in accordance with sound and efficient principles of selective cutting, forestry management and conservation.

Before any such timber, trees, deadwood and stumps shall be sold, the * * * division shall select and mark the trees to be cut and disposed of. No trees or timber shall be marked for cutting when the cutting thereof would destroy or mar the scenic views from the tourist observation points in said park. The purchaser shall pay double price on sale basis for all trees, timber or stumps cut that had not been marked for removing by the * * * division.

Before any such timber, trees, deadwood or stumps standing, growing or being upon such land shall be sold, the * * * ~~department~~ division shall advertise its intention so to do by publication in a newspaper published or having general circulation in the county or counties where parks are located, such notice to be published at least once a week for three (3) consecutive weeks preceding the sale and by posting one (1) notice in the courthouse in such county. The notice shall specify that such bids shall be filed with the superintendent of the state park involved, who shall transmit same to the * * * division for rejection or approval. Said * * * ~~department~~ division shall accept the bid of the highest and best bidder for cash, but shall have the right to reject any and all of such bids.

Provided, however, in the case of damage by fire, windstorm, insects or other natural causes which would require immediate sale of the timber, because the time involved for advertisement as prescribed herein would allow decay, rot or destruction substantially decreasing the purchase price to be received had not such delay occurred, the advertisement provisions of this section shall not apply. The * * * ~~State Park Director~~ division, upon a written recommendation from the county forester of the county wherein said state park is located, shall determine when immediate sale of the timber is required. When the * * * ~~State Park Director~~ division shall find an immediate sale necessary for the causes stated herein, * * * he it shall, in * * * ~~his~~ its discretion, set the time for receipt of bids on the purchase of said timber, but shall show due diligence in notifying competitive bidders so that a true competitive bid shall be received.

Whenever any timber, trees, deadwood or stumps are sold under the provisions of this section, the purchaser thereof shall have all necessary rights of ingress and egress to enter upon said land and cut and remove such timber, trees, deadwood or stumps.

The proceeds derived or received from all sales under the provisions of this section shall be placed in the State Parks Timber Management Endowment Fund created under Section 55-3-54.

(2) Notwithstanding the provisions of subsection (1) of this section, the * * * division may cut and sell trees damaged by fire, windstorm or insects and deadwood and stumps located upon the lands of state parks for firewood. Such firewood shall be sold only to overnight guests at state parks for use at state parks. The * * * division shall select and mark all trees to be cut for firewood.

SECTION 15. Section 55-3-54, Mississippi Code of 1972, is amended as follows:

55-3-54. (1) There is created in the State Treasury a special fund to be known as the "State Parks Timber Management Endowment Fund." The fund shall consist of all monies required to be deposited therein under the provisions of Section 55-3-53. The principal of the fund shall remain inviolate and shall be invested as provided by law. Interest and income derived from investment of the principal of the fund may be expended by the * * * division, upon appropriation by the Legislature, only for the purpose of constructing, reconstructing, repairing, renovating or making improvements to real and personal property and facilities on any of the state parks under the jurisdiction and control of the * * * division. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the fund.

SECTION 16. Section 55-3-57, Mississippi Code of 1972, is amended as follows:

55-3-57. Each employee of the * * * ~~department~~ division, when required by * * * the executive director, shall give a bond for the faithful performance of his duties as an employee of the * * * ~~commission~~ division, which bond shall be made payable to the State of Mississippi and shall be in the penal sum of One Thousand Dollars ($1,000.00). In case of forfeiture of any bond provided for herein, and recovery on same, the amount received shall go to the * * * ~~department~~ division, to be used by it in furtherance of the management and development of the state parks.

SECTION 17. Section 55-3-59, Mississippi Code of 1972, is amended as follows:

55-3-59. Any person violating any of the rules and regulations promulgated by the commission or the division is guilty of a misdemeanor, and upon conviction, shall be liable to a fine of not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00), or be subject to imprisonment for not less than ten (10) days nor more than thirty (30) days, or shall be liable to both such fine and imprisonment in the discretion of the court.

SECTION 18. Section 55-3-61, Mississippi Code of 1972, is amended as follows:

55-3-61. The board of supervisors of any county where a state park is located may, in its discretion, appropriate and donate to the * * * division yearly a sum not to exceed Five Thousand Dollars ($5,000.00) out of the general county fund for the establishment, maintenance and support of the state park within that county. All money appropriated and donated by the board of supervisors shall be used for the establishment, maintenance and support of the state park within such county and for no other purpose.

The board of supervisors of any county lying wholly within a levee district, and having two (2) judicial districts, bordering on the Mississippi River and wherein Highway 61 and Highway 8 intersect, is authorized, in its discretion, to expend funds from the general fund of the county for the establishment, maintenance and support of a state park within that county to be located upon lands situated adjacent to the Mississippi River and lying west of the mainline Mississippi River levee within that county. In addition, the board is authorized, in its discretion, to expend county or supervisors district road maintenance and construction funds for the construction and maintenance of roads leading to and across the lands upon which the park is to be located.

SECTION 19. Section 55-3-63, Mississippi Code of 1972, is amended as follows:

55-3-63. There are hereby authorized to be established state parks to be under the jurisdiction of the * * * ~~department~~ division, on land to be provided for this purpose by the United States:

(a) On Sardis Lake in Panola County, Mississippi;

(b) On Sardis Lake in Lafayette County, Mississippi, reasonably close and accessible to the University of Mississippi near the Sardis Dam Reservoir on the south side of Sardis Lake; and

SECTION 20. Section 55-3-65, Mississippi Code of 1972, is amended as follows:

55-3-65. The Governor of the State of Mississippi is hereby authorized to enter into an indenture and agreement with the Tennessee Valley Authority as the agent of the United States of America whereby the State of Mississippi will acquire certain lands located in Tishomingo County, Mississippi, in the Pickwick Reservoir Area for use as a state park or parks, game management areas, and/or wildlife refuges. The * * * ~~department~~ division is hereby authorized and empowered to establish, maintain and operate a state park or parks, game management areas, and/or wildlife refuges on said lands thus acquired.

The * * * ~~department~~ division is authorized to build a lodge or lodges, cabins, boating, recreational, camping, and any and all other facilities suitable or convenient for the purpose of establishing such a state park or parks, game management areas, and/or wildlife refuges not to be limited by the enumeration of purposes above. All state and local agencies of government are authorized to assist and cooperate with the * * * ~~commission~~ division for the purposes of this section.

SECTION 21. Section 55-3-83, Mississippi Code of 1972, is amended as follows:

55-3-83. The Department of Wildlife, Fisheries and Parks is hereby directed to change the name of the Yocona Ridge State Park to the "George Payne Cossar State Park." From and after the transfer of state park administration powers and duties on July 1, 2022, the division shall maintain this name.

Any reference in any laws of the State of Mississippi to the Yocona Ridge State Park shall be deemed to mean the George Payne Cossar State Park.

SECTION 22. Section 55-3-101, Mississippi Code of 1972, is amended as follows:

55-3-101. As supplemental to and in addition to all other power and authority which may now be vested in the Governor of the State of Mississippi by the Constitution or statutes, or both, or any power or authority which may be vested in him by common law as Governor, as such, the Governor of the State of Mississippi is hereby vested with the authority to close any or all state parks in the State of Mississippi when, in his discretion, he determines such closure would be to the best interest of the county or counties in which any state park or parks may be situated, or whenever he so determines such to be to the best interest of the State of Mississippi. The said Governor, as such, is also vested with such supplemental and additional authority to close any or all state parks in the State of Mississippi when, in his discretion, he determines such closure will promote or preserve the public peace, order or tranquility of the county or counties in which such park or parks may be situated, or that such closure will promote or preserve the public peace, order or tranquility in and of the State of Mississippi.

The fact that the power and authority to close any or all of the state parks may be by some other statute of the State of Mississippi now or hereafter vested in some other person or officer or * * * ~~commission~~ agency shall not cause this section and any other such law or laws to be in conflict nor shall same be construed to be in conflict with each other. Such power and authority vested in each such * * * ~~commission~~ agency or person or officer, as the case may be, may be exercised by each or either, independent of any other such * * * ~~commission of~~ agency or person * * * ~~or persons~~ or officer or officers.

SECTION 23. Section 49-1-1, Mississippi Code of 1972, is amended as follows:

49-1-1. Wherever used in this chapter, or in any other statute, or rule or regulation affecting the former State Game and Fish Commission and any of its functions or duties:

* * *

SECTION 24. Section 49-1-29, Mississippi Code of 1972, is amended as follows:

49-1-29. (1) The commission may promulgate rules and regulations, inaugurate studies and surveys, and establish any services it deems necessary to carry out wildlife laws. A violation of any rules or regulations promulgated by the commission shall constitute a misdemeanor and shall be punished as provided in Section 49-7-101.

(2) The executive director shall have authority with commission approval:

(a) To close or shorten the open season as prescribed by law in cases of urgent emergency on any species of game birds, game or fur-bearing animals, reptiles, fish or amphibians, in any locality, when it finds after investigation and public review that the action is reasonably necessary to secure the perpetuation of any species of game birds, game or fur-bearing animals, reptiles, fish or amphibians and to maintain an adequate supply in the affected area. The statutes shall continue in full force and effect, except as restricted and limited by the rules and regulations promulgated by the commission.

(b) To designate wildlife refuges, with the consent of the property owner or owners, in any localities it finds necessary to secure perpetuation of any species of game birds, game or fur-bearing animals, reptiles, fish or amphibians and to maintain an adequate supply for the purpose of providing a safe retreat where the animals may rest and replenish adjacent hunting, trapping or fishing grounds or waters, and to approve land suitable for such purposes as eligible for the income tax credit authorized under Section 27-7-22.22.

(c) To acquire and hold for the state by purchase, condemnation, lease, or agreement as authorized from time to time by the Legislature, and to receive, by gifts or devise, lands or water suitable for fish habitats, game and bird habitats, * * * ~~state parks,~~ access sites, wildlife refuges, or for public shooting, trapping or fishing grounds or waters, to provide areas on which any citizen may hunt, trap or fish under any special regulations as the commission may prescribe, and to approve lands suitable for such purposes as eligible for the income tax credit authorized under Section 27-7-22.22.

(d) To extend and consolidate lands or waters suitable for the above purposes by exchange of lands or waters under its jurisdiction.

(e) To capture, propagate, transport, sell or exchange any species of game birds, game or fur-bearing animals, reptiles, fish or amphibians needed for stocking or restocking any lands or waters of the state.

(f) To enter into cooperative agreements with persons, firms, corporations or governmental agencies for purposes consistent with this chapter.

(g) To regulate the burning of rubbish, slashings and marshes or other areas it may find reasonably necessary to reduce the danger of destructive fires.

(h) To conduct research in improved wildlife and fisheries conservation methods and to disseminate information to the residents of the state through the schools, public media and other publications.

(i) To have exclusive charge and control of the propagation and distribution of wild birds, animals, reptiles, fish and amphibians, the conduct and control of hatcheries, biological stations and game and fur farms owned or acquired by the state; to expend for the protection, propagation or preservation of game birds, game or fur-bearing animals, reptiles, fish and amphibians all funds of the state acquired for this purpose arising from licenses, gifts or otherwise; and shall have charge of the enforcement of all wildlife laws.

(j) To grant permits and provide regulations for field trials and dog trainers.

(k) To prohibit and to regulate the taking of nongame gross fish, except minnows.

(l) To enter into agreements with landowners to trap and purchase quail on the premises of the landowner and to provide for the distribution of quail.

(m) To operate or lease to third persons concessions or other rights or privileges on lakes owned or leased by the department. Owners of land adjoining land owned or leased by the department shall have priority to the concessions or rights or privileges, if the owners meet the qualifications established by the commission.

(n) To implement a beaver control program and to charge fees, upon the recommendation of the Beaver Control Advisory Board, to landowners participating in the beaver control program described in Section 49-7-201.

(o) To apply for, receive and expend any federal, state or local funds, contributions or funds from any other source for the purpose of beaver control or eradication.

(p) To require the department to divide the districts into zones if necessary, and periodically survey the districts or zones to obtain information that is necessary to properly determine the population and allowable harvest limits of wildlife within the district or zone.

(q) To grant wildlife personnel access to enter the enclosure and utilize the best collection methods available to obtain tissue samples for testing where CWD has been diagnosed within five (5) miles of the enclosure.

If CWD is detected within an enclosure, the commission shall not declare surrounding or adjoining properties within a five (5) mile radius of the enclosure, a CWD Management Zone, until chronic wasting disease is positively detected within such radius on these surrounding or adjoining properties.

SECTION 25. Section 49-4-3, Mississippi Code of 1972, is amended as follows:

49-4-3. For the purposes of this chapter, the following words shall have the meanings ascribed herein, unless the context otherwise requires:

(a) "Department" means the Mississippi Department of Wildlife and Fisheries. Any reference in any laws of the State of Mississippi to the "Department of Wildlife, Fisheries and Parks" shall be deemed to mean the Department of Wildlife and Fisheries.

(b) "Commission" means the Mississippi Commission on Wildlife and Fisheries. Any reference in any laws of the State of Mississippi to the "Commission on Wildlife, Fisheries and Parks" shall be deemed to mean the Commission on Wildlife and Fisheries.

SECTION 26. Section 49-4-7, Mississippi Code of 1972, is amended as follows:

49-4-7. The commission shall establish and appoint advisory committees for * * * the department. The advisory committees shall aid the commission in formulating policies, discussing problems and considering other matters related to * * * ~~these areas~~ wildlife and fisheries as designated by the commission.

The department is designated as the single state agency to receive and expend any federal funds made available for matters within the jurisdiction of the department.

The department shall be responsible for conserving, managing, developing and protecting the wildlife and freshwater fisheries resources of the state. The department shall coordinate all functions of state government related to wildlife and fisheries resources that are within the jurisdiction of the department.

SECTION 27. Section 49-4-8, Mississippi Code of 1972, is amended as follows:

49-4-8. The Department of Wildlife * * *, and Fisheries * * * ~~and Parks~~ shall have the following powers and duties:

(a) To conserve, manage, develop and protect the wildlife of the State of Mississippi.

* * *

( * * *cb) To cooperate with other entities and agencies in developing and implementing such plans as necessary for the conservation, protection, beautification and improvement of the quality of the environment and living natural resources.

SECTION 28. Section 49-4-9, Mississippi Code of 1972, is amended as follows:

49-4-9. Effective July 1, 1979, the Department of Wildlife * * *, and Fisheries * * * ~~and Parks~~ shall have the following powers and duties:

(a) To formulate the policy of the department regarding wildlife and fisheries within the jurisdiction of the department;

(b) To apply for, receive and expend any federal or state funds or contributions, gifts, devises, bequests or funds from any other source;

(c) To commission or conduct studies designed to determine alternative methods of managing and conserving the wildlife and fisheries resources of this state in a manner to insure efficiency and sustained productivity;

(d) To receive the advice and counsel of the advisory committees created for the * * * department; and

(e) To discharge such other duties, responsibilities and powers as are necessary to implement the provisions of this chapter.

SECTION 29. Section 49-4-11, Mississippi Code of 1972, is amended as follows:

49-4-11. The executive director shall possess a combination of educational qualifications, experience and skills that clearly demonstrate the ability to manage a multifunctional agency. The minimum qualifications for the position of executive director are as follows:

(a) A master's degree in one (1) of the management functions of the agency, wildlife or fisheries conservation * * *~~, parks and recreation~~ or related sciences, or a master's degree in public or business administration and at least six (6) years' experience in a public or private organization with administrative management functions similar to those of the agency. At least three (3) of the six (6) years' experience must be in a position with administrative management responsibilities, including personnel supervision and budget management; or

(b) A bachelor's degree in wildlife or fisheries conservation, biology, * * * ~~parks and recreation,~~ forestry, agriculture or related sciences, or a bachelor's degree in public or business administration and at least eight (8) years' experience in a public or private organization with administrative management functions directly related to those of the agency, with four (4) of those years in an administrative management position with personnel supervision and budget management responsibilities.

SECTION 30. Section 49-5-2, Mississippi Code of 1972, is amended as follows:

49-5-2. For purposes of this chapter, the following words shall have the meanings ascribed herein unless the context otherwise requires:

SECTION 31. Section 49-5-86, Mississippi Code of 1972, is amended as follows:

49-5-86. For purposes of Sections 49-5-86 through 49-5-98, the following words and terms shall have the meaning ascribed herein unless the context otherwise requires:

(a) "General obligation bonds" means bonds of the State of Mississippi, to the repayment of which, both as to principal and interest, the full faith, credit and taxing power of the State of Mississippi are irrevocably pledged until the principal and interest are paid in full.

(b) "Bond commission" means the State Bond Commission.

* * *

( * * *dc) "Committee" or "Wildlife Heritage Committee" means the * * * commission.

SECTION 32. Section 49-5-105, Mississippi Code of 1972, is amended as follows:

49-5-105. The words and phrases when used in Sections 49-5-101 through 49-5-119 shall, for the purposes of such sections, have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning.

* * *

( * * *ba) "Director" means the executive director of the * * * department.

( * * *cb) "Ecosystem" means a system of living organisms and their environment, each influencing the existence of the other and both necessary for the maintenance of life.

( * * *dc) "Endangered species" means any species or subspecies of wildlife whose prospects of survival or recruitment within the state are in jeopardy or are likely within the foreseeable future to become so, due to any of the following factors: (1) the destruction, drastic modification, or severe curtailment of its habitat, or (2) its over-utilization for scientific, commercial or sporting purposes, or (3) the effect on it of disease, pollution, or predation, or (4) other natural or man-made factors affecting its prospects of survival or recruitment within the state, or (5) any combination of the foregoing factors. The term shall also be deemed to include any species or subspecies of fish and wildlife appearing on the United States� List of Endangered Native Fish and Wildlife as it appears on July 1, 1974, (Part 17 of Title 50 of the Code of Federal Regulations, Appendix D) as well as any species or subspecies of fish and wildlife appearing on the United States� List of Endangered Foreign Fish and Wildlife (Part 17 of Title 50 of the Code of Federal Regulations, Appendix A), as such list may be modified hereafter.

( * * *ed) "Management" means the collection and application of biological information for the purposes of increasing the number of individuals within species and populations of wildlife up to the optimum carrying capacity of their habitat and maintaining such levels. The term includes the entire range of activities that constitute a modern scientific resource program including, but not limited to, research, census, law enforcement, habitat acquisition and improvement, and education. Also, included within the term, when and where appropriate, is the periodic or total protection of species or populations as well as regulated taking.

( * * *fe) "Nongame species" means any wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean or other wild animal not otherwise legally classified by statute or regulation of this state.

( * * *gf) "Optimum carrying capacity" means that point at which a given habitat can support healthy populations of wildlife species, having regard to the total ecosystem, without diminishing the ability of the habitat to continue that function.

( * * *hg) "Person" means any individual, firm, corporation, association or partnership.

( * * *ih) "Take" means to harass, hunt, capture, or kill or attempt to harass, hunt, capture, or kill wildlife.

( * * *ji) "Wildlife" means any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean or other wild animal or any part, product, egg or offspring or the dead body or parts thereof.

SECTION 33. Section 49-5-147, Mississippi Code of 1972, is amended as follows:

49-5-147. For the purposes of Sections 49-5-141 through 49-5-157, the following words shall have the meaning ascribed herein unless the context shall otherwise require:

* * *

( * * *ba) "Committee" or "Wildlife Heritage Committee" means the * * * commission.

( * * *cb) "Dedicate" means the transfer to the * * * commission of any estate, interest or right in any natural area to be held for the people of Mississippi in a manner provided in Section 49-5-155.

( * * *dc) "Natural area" means an area of land, water or air, or combination thereof, which contains an element of the state's natural diversity, including, but not limited to, individual plant or animal life, natural geological areas, habitats of endangered or threatened species, ecosystems or any other area of unique ecological, scientific or educational interest.

( * * *ed) "Natural area preserve" means a natural area which is voluntarily dedicated.

( * * *fe) "Register" means the act of agreement between the owner of a natural area and the * * * commission for designation of the natural area and for its placement on the register of natural areas by voluntary agreement between the owner of the natural area and the commission.

( * * *gf) "Register of natural areas" means a listing of natural areas which are being managed by the owner of the natural area according to the rules and regulations of the * * * commission.

SECTION 34. Section 49-6-1, Mississippi Code of 1972, is amended as follows:

49-6-1. For the purposes of this chapter, the following words are defined as follows:

(d) "Motor vehicle" means passenger automobiles, trucks, heavy trucks, tractors, graders, other heavy motor-driven equipment, and all-terrain vehicles.

SECTION 35. Section 49-7-1, Mississippi Code of 1972, is amended as follows:

49-7-1. For the purposes of this chapter, the following definitions and interpretations shall govern unless otherwise provided:

(a) The following wild animals are classed as game: bear, white-tailed deer, rabbits and squirrels.

(b) The following wild animals are classed as fur-bearing animals: muskrats, opossums, otters, weasels, minks, raccoons and bobcats.

(d) All freshwater fish in the following families are classed as game fish: Sunfish family (Centrarchidae) - including largemouth bass (Micropterus salmoides), smallmouth bass (Micropterus dolomieu), spotted bass (Micropterus punctulatus), white crappie (Pomoxis annularis), black crappie (Pomoxis nigromaculatus), redear sunfish (Lepomis microlophus), bluegill (Lepomis macrochiris), warmouth (Lepomis gulosus), green sunfish (Lepomis cyanellus), longear sunfish (Lepomis megalotis), redbreast sunfish (Lepomis auritus) and shadow bass (Ambloplites ariommus); Perch family (Percidae) - including walleye (Stizostedion vitreum), sauger (Stizostedion canadense) and yellow perch (Perca flavescens); Pike family (Esocidae) - including redfin pickerel (Esox americanus americanus), grass pickerel (Esox americanus vermiculatus), chain pickerel (Esox niger); Temperate bass family (Moronidae) including - white bass (Morone chrysops), yellow bass (Morone mississippiensis), striped bass (Morone saxatilis) and hybrid striped bass (Morone chrysops x Morone saxatilis and/or Morone saxatilis x Morone chrysops).

The following fish are classed as nongame gross fish: in the Herring family (Clupeidae) - gizzard shad (Dorosoma cepedianum), threadfin shad (Dorosoma petenense); in the Catfish family (Ictaluridae) - channel catfish (Ictalurus punctatus), blue catfish (Ictalurus furcatus), flathead catfish (Pylodictus olivaris), yellow bullhead (Ameiurus natalis), black bullhead (Ameiurus melas), brown bullhead (Ameiurus nebulosus); in the Gar family - spotted gar (Lepisosteus oculatus), longnose gar (Lepisosteus osseus), shortnose gar (Lepisosteus platostomus), alligator gar (Atractosteus spatula); in the Eel family (Anguillidae) - American eel (Anguilla rostrata); in the Bowfin family (Amiidae) - bowfin (Amia calva); in the Paddlefish family (Polyodontidae) - paddlefish (Polyodon spathula); in the Minnow family (Cyprinidae) - common carp (Cyprinus carpio); in the Sucker family (Catostomidae) - river carpsucker (Carpoides carpio), quillback (Carpoides cyprinus), highfin carpsucker (Carpoides velifer), spotted sucker (Minytrema melanops), blacktail redhorse (Moxostoma poecilurum), smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus cyprinellus), black buffalo (Ictiobus niger); in the Drum family (Sciaenidae) - freshwater drum (Aplodinotus grunniens).

All fish native to Mississippi that are not classed as game fish or nongame gross fish are classed as nongame fish.

All fish native to foreign countries and all fish native to the United States but not native to Mississippi are classed as nonnative fish.

(e) The following are classed as game birds: geese, brant ducks, rails, coots, snipe, gallinules, moorhens, woodcock, crow, mergansers, wild turkey, quail and doves.

All other species of wild resident or migratory birds are classed as nongame birds.

(f) Closed season: the time during which birds, animals or fish may not be taken.

(g) Open season: the time during which birds, animals or fish may be lawfully taken.

(h) "Commission" means the Mississippi Commission on Wildlife and Fisheries. Any reference in any laws of the State of Mississippi to the "Commission on Wildlife, Fisheries and Parks" shall be deemed to mean the Commission on Wildlife and Fisheries.

(i) "Department" means the Mississippi Department of Wildlife and Fisheries. Any reference in any laws of the State of Mississippi to the "Department of Wildlife, Fisheries and Parks" shall be deemed to mean the Department of Wildlife and Fisheries.

(j) "Executive director" means the executive director of the department * * * ~~of Wildlife, Fisheries and Parks~~.

SECTION 36. Section 49-7-39, Mississippi Code of 1972, is amended as follows:

49-7-39. (1) The commission shall establish a special hunting season for youth under the age of sixteen (16) and for handicapped persons in the Natchez State Park. The commission shall also establish a primitive weapon season in the Natchez State Park. The selection of participants in the primitive weapon season shall be by public drawing from all qualified applications. The commission shall set the number of permits to be issued and the length of the special seasons.

(2) The commission may also establish a special hunting season for youth and handicapped persons or a primitive weapon season as provided in this section in any other state park under the jurisdiction of the * * * ~~department~~ Mississippi Development Authority's Tourism Division but shall only do so upon the recommendation of the staff of the * * * division. The commission shall select participants and set the number of permits to be issued and the length of the special seasons.

(3) The commission may establish and regulate special youth hunts for all nonmigratory game birds and animals outside of the open season on wildlife management areas and on private lands.

(4) The commission shall establish and regulate a special hunting season for youth under the age of sixteen (16) to run concurrently with the primitive weapons season on deer.

SECTION 37. Section 49-7-161, Mississippi Code of 1972, is amended as follows:

49-7-161. For purposes of Sections 49-7-161 through 49-7-173, unless the context otherwise requires, the following terms shall have the meaning described herein:

(a) "Migratory waterfowl" means any wild goose, brant or wild duck.

* * *

( * * *cb) "Stamp" means the state migratory waterfowl stamp or the electronic equivalent furnished by the commission.

SECTION 38. Section 49-8-3, Mississippi Code of 1972, is amended as follows:

49-8-3. For purposes of this chapter:

(a) "Commission" means the Commission on Wildlife and Fisheries. Any reference in any laws of the State of Mississippi to the "Commission on Wildlife, Fisheries and Parks" shall be deemed to mean the Commission on Wildlife and Fisheries.

(b) "Department" means the Department of Wildlife and Fisheries. Any reference in any laws of the State of Mississippi to the "Department of Wildlife, Fisheries and Parks" shall be deemed to mean the Department of Wildlife and Fisheries.

SECTION 39. Section 49-9-1, Mississippi Code of 1972, is amended as follows:

49-9-1. As used in this chapter, the following words shall have the meanings ascribed to them in this section:

(d) "Exporter" means a person, firm or corporation who buys or obtains mussels from mussel harvesters or buyers for export from Mississippi.

(e) "Mussel" means and embraces the pearly fresh water mussel, clam, or naiad, and the shells thereof.

(f) "Mussel Abatement Program" means the killing, destruction or permanent eradication of mussels which are attached to or are blocking water intake structures solely for the purpose of safeguarding mechanical equipment used in a company, commercial operation or farm and to maintain the continued safe operation of such water intake structures and mechanical equipment.

SECTION 40. Section 49-11-1, Mississippi Code of 1972, is amended as follows:

49-11-1. For purposes of this chapter:

SECTION 41. Section 49-13-3, Mississippi Code of 1972, is amended as follows:

49-13-3. As used in this chapter, the term:

(c) "Pen-raised quail" means a quail that has been hatched from an egg laid by a quail confined in a pen or coop and has itself been wholly raised in a pen or coop by a duly licensed quail breeder holding a permit as provided by law from the * * * commission.

(d) "Quail" means all species of quail native to North America and coturnix quail.

SECTION 42. Section 27-7-22.22, Mississippi Code of 1972, is amended as follows:

27-7-22.22. (1) A credit is allowed against the taxes imposed by this chapter to a taxpayer for allowing land owned by the taxpayer to be used as a natural area preserve, a wildlife refuge or habitat area, a wildlife management area, or for the purpose of providing public outdoor recreational opportunities, as authorized under Section 49-1-29, 49-5-71 or 49-5-155, subject to the following conditions and limitations:

(a) The land may not be under lease to the Mississippi Commission on Wildlife, Fisheries and Parks or, in the case of state parks, to the Mississippi Development Authority's Tourism Division, and * * * ~~the~~ said commission or, for state parks, the division must approve the land as being suitable for the uses described in this section.

(b) The amount of the tax credit allowed by this section shall be Five Dollars and Fifty Cents ($5.50) per acre of land in each taxable year.

(c) In no event shall the amount of the tax credits allowed by this section for a taxable year exceed the taxpayer's liability for those taxes. Any unused credit amount shall be allowed to be carried forward for five (5) years from the close of the taxable year in which the land was approved for such a use. No such credit shall be allowed the taxpayer against prior years' tax liability.

(2) To claim a credit allowed by this section, the taxpayer shall provide any information required by the Mississippi Commission on Wildlife, Fisheries and Parks, the Mississippi Development Authority's Tourism Division, or the Mississippi Commissioner of Revenue. Every taxpayer claiming a credit under this section shall maintain and make available for inspection by the Mississippi Commission on Wildlife, Fisheries and Parks, the Mississippi Development Authority's Tourism Division, or the Mississippi Commissioner of Revenue any records that either entity considers necessary to determine and verify the amount of the credit to which the taxpayer is entitled. The burden of proving eligibility for a credit and the amount of the credit rests upon the taxpayer, and no credit may be allowed to a taxpayer that fails to maintain adequate records or to make them available for inspection.

(3) Upon approval of the Commission on Wildlife, Fisheries and Parks or, in the case of state parks, the Mississippi Development Authority's Tourism Division under subsection (1)(a), a taxpayer seeking to claim any tax credit provided for under this section must submit an application to the Mississippi Commissioner of Revenue for approval of the tax credit. The Mississippi Commissioner of Revenue shall promulgate the rules and forms on which the application is to be submitted. The Mississippi Commissioner of Revenue shall review the application and may approve such application upon determining that it meets the requirements of this section within sixty (60) days after receiving the application.

SECTION 43. Section 51-4-3, Mississippi Code of 1972, is amended as follows:

51-4-3. Except as otherwise required by the context:

(a) "Department" means the Department of Wildlife and Fisheries. Any reference in any laws of the State of Mississippi to the "Department of Wildlife, Fisheries and Parks" shall be deemed to mean the Department of Wildlife and Fisheries.

(b) "Stream" means any free-flowing stream or segment of stream that is a public waterway under Section 51-1-4, Mississippi Code of 1972, and has not been channelized within the

last five (5) years.

SECTION 44. Section 59-21-3, Mississippi Code of 1972, is amended as follows:

59-21-3. As used in this chapter, unless the context clearly requires a different meaning:

(b) "Length" means the length of the vessel measured from end to end over the deck excluding sheer.

(d) "Machinery" means inboard and outboard engines and all other types of motors or mechanical devices.

(e) "Motorboat" means any undocumented vessel propelled by machinery, whether or not such machinery is the principal source of propulsion. The term motorboat includes personal watercraft.

(f) "Operate" means to navigate or otherwise use a motorboat or vessel.

(g) "Operator" means the person who operates or who has charge of the navigation or use of a motorboat or a vessel.

(h) "Owner" means the person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitles him to such possession.

(i) "Person" means an individual, partnership, firm, corporation, association or other entity.

(j) "Ships' lifeboats" means lifeboats used solely for life-saving purposes and does not include dinghies, tenders, speedboats, or other type of craft carried aboard a vessel and used for other than life-saving purposes.

(k) "Undocumented vessel" means any vessel which is not required to have, and does not have, a valid marine document issued by the Bureau of Customs.

(l) "Vessel" means every description of watercraft, other than seaplane on the water, used or capable of being used as a means of transportation on water.

(m) "Waters of this state" means any waters within the territorial limits of this state, and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of the state; however, "waters of this state" does not mean any private pond or lake which is not used for boat rentals or the charging of fees for fishing therein.

SECTION 45. Section 59-25-1, Mississippi Code of 1972, is amended as follows:

59-25-1. The following words, as used in this chapter, shall have the following meanings:

(a) "Certificate of origin" means the document provided by the manufacturer of a new vessel, or its distributor, which is the only valid indication of ownership between the manufacturer, its distributor, its franchised new vessel dealers and the original purchaser.

(b) "Dealer" means any person engaged wholly or in part in the business of selling or offering for sale, buying or taking in trade for the purpose of resale, or exchanging, displaying, demonstrating or offering for sale vessels or motors, and who receive or expect to receive money, profit or any other thing of value.

(c) "Department" means the Department of Wildlife and Fisheries. Any reference in any laws of the State of Mississippi to the "Department of Wildlife, Fisheries and Parks" shall be deemed to mean the Department of Wildlife and Fisheries.

(d) "Documented vessel" means a vessel documented under 46 * * * ~~U.S.C.S.~~ USCS, Chapter 121.

(e) "Lienholder" means a person holding a security interest.

(f) "Manufacturer" means any person engaged in the manufacture, construction or assembly of vessels, or their importation into the United States, for the purpose of sale or trade.

(g) "Motor" means any type of outboard device providing motorized propulsion for vessels operated by any type fuel.

(h) "Operate" means to navigate or otherwise use a vessel.

(i) "Owner" means a person, other than a lienholder, having the property in or title to a vessel or motor. The term includes a person entitled to the use or possession of a vessel or motor subject to an interest in another person, reserved or created by agreement and securing payment of performance of an obligation, but the term excludes a lessee under a lease not intended as security.

(j) "Person" means an individual, firm, partnership, corporation, company, association, joint-stock association or governmental entity and includes a trustee, receiver, assignee or similar representative of any of them.

(k) "Security interest" means an interest which is reserved or created by an agreement which secures payment or performance of an obligation and is valid against third parties generally.

(l) "State of principal operation" means the state on whose waters a vessel is used or to be used most during a calendar year.

(m) "Titling authority" means a state whose vessel titling system has been certified by the Coast Guard as complying with the guidelines for state vessel titling systems listed in 33 CFR, Part 187.

(n) "Use" means to operate, navigate or employ a vessel. A vessel is in use whenever it is upon the water.

(o) "Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water, that is required to be numbered in accordance with the Mississippi Boating Law, Chapter 21 of Title 59, Mississippi Code of 1972.

SECTION 46. Section 67-1-5, Mississippi Code of 1972, is amended as follows:

67-1-5. For the purposes of this chapter and unless otherwise required by the context:

(a) "Alcoholic beverage" means any alcoholic liquid, including wines of more than five percent (5%) of alcohol by weight, capable of being consumed as a beverage by a human being, but shall not include light wine, light spirit product and beer, as defined in Section 67-3-3, Mississippi Code of 1972, but shall include native wines and native spirits. The words "alcoholic beverage" shall not include ethyl alcohol manufactured or distilled solely for fuel purposes or beer of an alcoholic content of more than eight percent (8%) by weight if the beer is legally manufactured in this state for sale in another state.

(b) "Alcohol" means the product of distillation of any fermented liquid, whatever the origin thereof, and includes synthetic ethyl alcohol, but does not include denatured alcohol or wood alcohol.

(c) "Distilled spirits" means any beverage containing more than six percent (6%) of alcohol by weight produced by distillation of fermented grain, starch, molasses or sugar, including dilutions and mixtures of these beverages.

(d) "Wine" or "vinous liquor" means any product obtained from the alcoholic fermentation of the juice of sound, ripe grapes, fruits, honey or berries and made in accordance with the revenue laws of the United States.

(e) "Person" means and includes any individual, partnership, corporation, association or other legal entity whatsoever.

(f) "Manufacturer" means any person engaged in manufacturing, distilling, rectifying, blending or bottling any alcoholic beverage.

(g) "Wholesaler" means any person, other than a manufacturer, engaged in distributing or selling any alcoholic beverage at wholesale for delivery within or without this state when such sale is for the purpose of resale by the purchaser.

(h) "Retailer" means any person who sells, distributes, or offers for sale or distribution, any alcoholic beverage for use or consumption by the purchaser and not for resale.

(i) "State Tax Commission," "commission" or "department" means the Department of Revenue of the State of Mississippi, which shall create a division in its organization to be known as the Alcoholic Beverage Control Division. Any reference to the commission or the department hereafter means the powers and duties of the Department of Revenue with reference to supervision of the Alcoholic Beverage Control Division.

(j) "Division" means the Alcoholic Beverage Control Division of the Department of Revenue.

(k) "Municipality" means any incorporated city or town of this state.

(l) "Hotel" means an establishment within a municipality, or within a qualified resort area approved as such by the department, where, in consideration of payment, food and lodging are habitually furnished to travelers and wherein are located at least twenty (20) adequately furnished and completely separate sleeping rooms with adequate facilities that persons usually apply for and receive as overnight accommodations. Hotels in towns or cities of more than twenty-five thousand (25,000) population are similarly defined except that they must have fifty (50) or more sleeping rooms. Any such establishment described in this paragraph with less than fifty (50) beds shall operate one or more regular dining rooms designed to be constantly frequented by customers each day. When used in this chapter, the word "hotel" shall also be construed to include any establishment that meets the definition of "bed and breakfast inn" as provided in this section.

(m) "Restaurant" means:

(i) A place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation, which has suitable seating facilities for guests, and which has suitable kitchen facilities connected therewith for cooking an assortment of foods and meals commonly ordered at various hours of the day; the service of such food as sandwiches and salads only shall not be deemed in compliance with this requirement. Except as otherwise provided in this paragraph, no place shall qualify as a restaurant under this chapter unless twenty-five percent (25%) or more of the revenue derived from such place shall be from the preparation, cooking and serving of meals and not from the sale of beverages, or unless the value of food given to and consumed by customers is equal to twenty-five percent (25%) or more of total revenue; or

(ii) Any privately owned business located in a building in a historic district where the district is listed in the National Register of Historic Places, where the building has a total occupancy rating of not less than one thousand (1,000) and where the business regularly utilizes ten thousand (10,000) square feet or more in the building for live entertainment, including not only the stage, lobby or area where the audience sits and/or stands, but also any other portion of the building necessary for the operation of the business, including any kitchen area, bar area, storage area and office space, but excluding any area for parking. In addition to the other requirements of this subparagraph, the business must also serve food to guests for compensation within the building and derive the majority of its revenue from event-related fees, including, but not limited to, admission fees or ticket sales to live entertainment in the building, and from the rental of all or part of the facilities of the business in the building to another party for a specific event or function.

(n) "Club" means an association or a corporation:

(i) Organized or created under the laws of this state for a period of five (5) years prior to July 1, 1966;

(ii) Organized not primarily for pecuniary profit but for the promotion of some common object other than the sale or consumption of alcoholic beverages;

(iii) Maintained by its members through the payment of annual dues;

(iv) Owning, hiring or leasing a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests;

(v) The affairs and management of which are conducted by a board of directors, board of governors, executive committee, or similar governing body chosen by the members at a regular meeting held at some periodic interval; and

(vi) No member, officer, agent or employee of which is paid, or directly or indirectly receives, in the form of a salary or other compensation any profit from the distribution or sale of alcoholic beverages to the club or to members or guests of the club beyond such salary or compensation as may be fixed and voted at a proper meeting by the board of directors or other governing body out of the general revenues of the club.

The department may, in its discretion, waive the five-year provision of this paragraph. In order to qualify under this paragraph, a club must file with the department, at the time of its application for a license under this chapter, two (2) copies of a list of the names and residences of its members and similarly file, within ten (10) days after the election of any additional member, his name and address. Each club applying for a license shall also file with the department at the time of the application a copy of its articles of association, charter of incorporation, bylaws or other instruments governing the business and affairs thereof.

(o) "Qualified resort area" means any area or locality outside of the limits of incorporated municipalities in this state commonly known and accepted as a place which regularly and customarily attracts tourists, vacationists and other transients because of its historical, scenic or recreational facilities or attractions, or because of other attributes which regularly and customarily appeal to and attract tourists, vacationists and other transients in substantial numbers; however, no area or locality shall so qualify as a resort area until it has been duly and properly approved as such by the department. The department may not approve an area as a qualified resort area after July 1, 2018, if any portion of such proposed area is located within two (2) miles of a convent or monastery that is located in a county traversed by Interstate 55 and U.S. Highway 98. A convent or monastery may waive such distance restrictions in favor of allowing approval by the department of an area as a qualified resort area. Such waiver shall be in written form from the owner, the governing body, or the appropriate officer of the convent or monastery having the authority to execute such a waiver, and the waiver shall be filed with and verified by the department before becoming effective.

(i) The department may approve an area or locality outside of the limits of an incorporated municipality that is in the process of being developed as a qualified resort area if such area or locality, when developed, can reasonably be expected to meet the requisites of the definition of the term "qualified resort area." In such a case, the status of qualified resort area shall not take effect until completion of the development.

(ii) The term includes any state park which is declared a resort area by the department; however, such declaration may only be initiated in a written request for resort area status made to the department by the * * * ~~Executive Director of the Department of Wildlife, Fisheries and Parks~~ Mississippi Development Authority's Tourism Division, and no permit for the sale of any alcoholic beverage, as defined in this chapter, except an on-premises retailer's permit, shall be issued for a hotel, restaurant or bed and breakfast inn in such park.

(iii) The term includes:

1. The clubhouses associated with the state park golf courses at the Lefleur's Bluff State Park, the John Kyle State Park, the Percy Quin State Park and the Hugh White State Park;

2. The clubhouse and associated golf course, tennis courts and related facilities and swimming pool and related facilities where the golf course, tennis courts and related facilities and swimming pool and related facilities are adjacent to one or more planned residential developments and the golf course and all such developments collectively include at least seven hundred fifty (750) acres and at least four hundred (400) residential units;

3. Any facility located on property that is a game reserve with restricted access that consists of at least three thousand (3,000) contiguous acres with no public roads and that offers as a service hunts for a fee to overnight guests of the facility;

4. Any facility located on federal property surrounding a lake and designated as a recreational area by the United States Army Corps of Engineers that consists of at least one thousand five hundred (1,500) acres;

5. Any facility that is located in a municipality that is bordered by the Pearl River, traversed by Mississippi Highway 25, adjacent to the boundaries of the Jackson International Airport and is located in a county which has voted against coming out from under the dry law; however, any such facility may only be located in areas designated by the governing authorities of such municipality;

6. Any municipality with a population in excess of ten thousand (10,000) according to the latest federal decennial census that is located in a county that is bordered by the Pearl River and is not traversed by Interstate Highway 20, with a population in excess of forty-five thousand (45,000) according to the latest federal decennial census; however, the governing authorities of such a municipality may by ordinance:

a. Specify the hours of operation of facilities that offer alcoholic beverages for sale;

b. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages;

c. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;

7. The West Pearl Restaurant Tax District as defined in Chapter 912, Local and Private Laws of 2007;

8. a. Land that is located in any county in which Mississippi Highway 43 and Mississippi Highway 25 intersect and:

A. Owned by the Pearl River Valley Water Supply District, and/or

B. Located within the Reservoir Community District, zoned commercial, east of Old Fannin Road, north of Regatta Drive, south of Spillway Road, west of Hugh Ward Boulevard and accessible by Old Fannin Road, Spillway Road, Spann Drive and/or Lake Vista Place, and/or

C. Located within the Reservoir Community District, zoned commercial, west of Old Fannin Road, south of Spillway Road and extending to the boundary of the corporate limits of the City of Flowood, Mississippi;

b. The board of supervisors of such county, with respect to B and C of item 8.a., may by resolution or other order:

A. Specify the hours of operation of facilities that offer alcoholic beverages for sale,

B. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages, and

C. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;

9. Any facility located on property that is a game reserve with restricted access that consists of at least eight hundred (800) contiguous acres with no public roads, that offers as a service hunts for a fee to overnight guests of the facility, and has accommodations for at least fifty (50) overnight guests;

10. Any facility that:

a. Consists of at least six thousand (6,000) square feet being heated and cooled along with an additional adjacent area that consists of at least two thousand two hundred (2,200) square feet regardless of whether heated and cooled,

b. For a fee is used to host events such as weddings, reunions and conventions,

c. Provides lodging accommodations regardless of whether part of the facility and/or located adjacent to or in close proximity to the facility, and

d. Is located on property that consists of at least thirty (30) contiguous acres;

11. Any facility and related property:

a. Located on property that consists of at least one hundred twenty-five (125) contiguous acres and consisting of an eighteen (18) hole golf course, and/or located in a facility that consists of at least eight thousand (8,000) square feet being heated and cooled,

b. Used for the purpose of providing meals and hosting events, and

c. Used for the purpose of teaching culinary arts courses and/or turf management and grounds keeping courses, and/or outdoor recreation and leadership courses;

12. Any facility and related property that:

a. Consist of at least eight thousand (8,000) square feet being heated and cooled,

b. For a fee is used to host events,

c. Is used for the purpose of culinary arts courses, and/or live entertainment courses and art performances, and/or outdoor recreation and leadership courses;

13. The clubhouse and associated golf course where the golf course is adjacent to one or more residential developments and the golf course and all such developments collectively include at least two hundred (200) acres and at least one hundred fifty (150) residential units and are located a. in a county that has voted against coming out from under the dry law; and b. outside of but in close proximity to a municipality in such county which has voted under Section 67-1-14, after January 1, 2013, to come out from under the dry law;

14. The clubhouse and associated eighteen (18) hole golf course located in a municipality traversed by Interstate Highway 55 and U.S. Highway 51 that has voted to come out from under the dry law;

15. a. Land that is planned for mixed use development and consists of at least two hundred (200) contiguous acres with one or more planned residential developments collectively planned to include at least two hundred (200) residential units when completed, and also including a facility that consists of at least four thousand (4,000) square feet that is not part of such land but is located adjacent to or in close proximity thereto, and which land is located:

A. In a county that has voted to come out from under the dry law,

B. Outside the corporate limits of any municipality in such county and adjacent to or in close proximity to a golf course located in a municipality in such county, and

C. Within one (1) mile of a state institution of higher learning;

b. The board of supervisors of such county may by resolution or other order:

A. Specify the hours of operation of facilities that offer alcoholic beverages for sale,

B. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages, and

C. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;

16. Any facility with a capacity of five hundred (500) people or more, to be used as a venue for private events, on a tract of land in the Southwest Quarter of Section 33, Township 2 South, Range 7 East, of a county where U.S. Highway 45 and U.S. Highway 72 intersect and that has not voted to come out from under the dry law;

17. One hundred five (105) contiguous acres, more or less, located in Hinds County, Mississippi, and in the City of Jackson, Mississippi, whereon are constructed a variety of buildings, improvements, grounds or objects for the purpose of holding events thereon to promote agricultural and industrial development in Mississippi;

18. Land that is owned by a state institution of higher learning and:

a. Located entirely within a county that has elected by majority vote not to permit the transportation, storage, sale, distribution, receipt and/or manufacture of light wine and beer pursuant to Section 67-3-7, and

b. Adjacent to but outside the incorporated limits of a municipality that has elected by majority vote to permit the sale, receipt, storage and transportation of light wine and beer pursuant to Section 67-3-9.

If any portion of the land described in this item 18 has been declared a qualified resort area by the department before July 1, 2020, then that qualified resort area shall be incorporated into the qualified resort area created by this item 18;

19. Any facility and related property:

a. Used as a flea market or similar venue during a weekend (Saturday and Sunday) immediately preceding the first Monday of a month and having an annual average of at least one thousand (1,000) visitors for each such weekend and five hundred (500) vendors for Saturday of each such weekend, and

b. Located in a county that has not voted to come out from under the dry law and outside of but in close proximity to a municipality located in such county and which municipality has voted to come out from under the dry law;

20. Blocks 1, 2 and 3 of the original town square in any municipality with a population in excess of one thousand five hundred (1,500) according to the latest federal decennial census and which is located in:

a. A county traversed by Interstate 55 and Interstate 20, and

b. A judicial district that has not voted to come out from under the dry law;

21. Any municipality with a population in excess of two thousand (2,000) according to the latest federal decennial census and in which is located a part of White's Creek Lake and in which U.S. Highway 82 intersects with Mississippi Highway 9 and located in a county that is partially bordered on one (1) side by the Big Black River; however, the governing authorities of such a municipality may by ordinance:

a. Specify the hours of operation of facilities that offer alcoholic beverages for sale;

b. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and

c. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;

22. A restaurant located on a two-acre tract adjacent to a five-hundred-fifty-acre lake in the northeast corner of a county traversed by U.S. Interstate 55 and U.S. Highway 84;

23. Any tracts of land in Oktibbeha County, situated north of Bailey Howell Drive, Lee Boulevard and Old Mayhew Road, east of George Perry Street and south of Mississippi Highway 182, and not located on the property of a state institution of higher learning; however, the board of supervisors of such county may by resolution or other order:

a. Specify the hours of operation of facilities that offer alcoholic beverages for sale;

b. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and

c. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;

24. A municipality in which Mississippi Highway 27 and Mississippi Highway 28 intersect; however, the governing authorities of such a municipality may by ordinance:

a. Specify the hours of operation of facilities offering alcoholic beverages for sale;

b. Specify the percentage of revenue that facilities offering alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and

c. Designate the areas in which facilities offering alcoholic beverages for sale may be located;

25. A municipality through which run Mississippi Highway 35 and Interstate 20; however, the governing authorities of such a municipality may by ordinance:

a. Specify the hours of operation of facilities that offer alcoholic beverages for sale;

b. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and

c. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;

26. A municipality in which Mississippi Highway 16 and Mississippi Highway 35 intersect; however, the governing authorities of such a municipality may by ordinance:

a. Specify the hours of operation of facilities that offer alcoholic beverages for sale;

b. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and

c. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;

27. A municipality in which U.S. Highway 82 and Old Highway 61 intersect; however, the governing authorities of such a municipality may by ordinance:

a. Specify the hours of operation of facilities that offer alcoholic beverages for sale;

b. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and

c. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;

28. A municipality in which Mississippi Highway 8 meets Mississippi Highway 1; however, the governing authorities of such a municipality may by ordinance:

a. Specify the hours of operation of facilities that offer alcoholic beverages for sale;

b. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and

c. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;

29. A municipality in which U.S. Highway 82 and Mississippi Highway 1 intersect; however, the governing authorities of such a municipality may by ordinance:

a. Specify the hours of operation of facilities that offer alcoholic beverages for sale;

b. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and

c. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;

30. A municipality in which Mississippi Highway 50 meets Mississippi Highway 9; however, the governing authorities of such a municipality may by ordinance:

a. Specify the hours of operation of facilities that offer alcoholic beverages for sale;

b. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and

c. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;

31. An area bounded on the north by Pearl Street, on the east by West Street, on the south by Court Street and on the west by Farish Street, within a municipality bordered on the east by the Pearl River and through which run Interstate 20 and Interstate 55; however, the governing authorities of the municipality in which such area is located may by ordinance:

a. Specify the hours of operation of facilities that offer alcoholic beverages for sale;

b. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and

c. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;

32. Any facility and related property that:

a. Is contracted for mixed-use development improvements consisting of office and residential space and a restaurant and lounge, partially occupying the renovated space of a four-story commercial building which previously served as a financial institution; and adjacent property to the west consisting of a single-story office building that was originally occupied by the Brotherhood of Carpenters and Joiners of American Local Number 569; and

b. Is situated on a tract of land consisting of approximately one and one-tenth (1.10) acres, and the adjacent property to the west consisting of approximately 0.5 acres, located in a municipality which is the seat of county government, situated south of Interstate 10, traversed by U.S. Highway 90, partially bordered on one (1) side by the Pascagoula River and having its most southern boundary bordered by the Gulf of Mexico, with a population greater than twenty-two thousand (22,000) according to the 2010 federal decennial census; however, the governing authorities of such a municipality may by ordinance:

A. Specify the hours of operation of facilities that offer alcoholic beverages for sale;

B. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and

C. Designate the areas within the facilities in which alcoholic beverages may be offered for sale;

33. Any facility with a maximum capacity of one hundred twenty (120) people that consists of at least three thousand (3,000) square feet being heated and cooled, has a commercial kitchen, has a pavilion that consists of at least nine thousand (9,000) square feet and is located on land more particularly described as follows:

All that part of the East Half of the Northwest Quarter of Section 21, Township 7 South, Range 4 East, Union County, Mississippi, that lies South of Mississippi State Highway 348 right-of-way and containing 19.48 acres, more or less.

ALSO,

The Northeast 38 acres of the Southwest Quarter of Section 21, Township 7 South, Range 4 East, Union County, Mississippi.

ALSO,

The South 81 1/2 acres of the Southwest Quarter of Section 21, Township 7 South, Range 4 East, Union County, Mississippi; and

34. A municipality in which U.S. Highway 51 and Mississippi Highway 16 intersect; however, the governing authorities of such a municipality may by ordinance:

a. Specify the hours of operation of facilities that offer alcoholic beverages for sale;

b. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and

c. Designate the areas in which facilities that offer alcoholic beverages for sale may be located.

The status of these municipalities, districts, clubhouses, facilities, golf courses and areas described in subparagraph (iii) of this paragraph (o) as qualified resort areas does not require any declaration of same by the department.

(p) "Native wine" means any product, produced in Mississippi for sale, having an alcohol content not to exceed twenty-one percent (21%) by weight and made in accordance with revenue laws of the United States, which shall be obtained primarily from the alcoholic fermentation of the juice of ripe grapes, fruits, berries, honey or vegetables grown and produced in Mississippi; provided that bulk, concentrated or fortified wines used for blending may be produced without this state and used in producing native wines. The department shall adopt and promulgate rules and regulations to permit a producer to import such bulk and/or fortified wines into this state for use in blending with native wines without payment of any excise tax that would otherwise accrue thereon.

(q) "Native winery" means any place or establishment within the State of Mississippi where native wine is produced, in whole or in part, for sale.

(r) "Bed and breakfast inn" means an establishment within a municipality where in consideration of payment, breakfast and lodging are habitually furnished to travelers and wherein are located not less than eight (8) and not more than nineteen (19) adequately furnished and completely separate sleeping rooms with adequate facilities, that persons usually apply for and receive as overnight accommodations; however, such restriction on the minimum number of sleeping rooms shall not apply to establishments on the National Register of Historic Places. No place shall qualify as a bed and breakfast inn under this chapter unless on the date of the initial application for a license under this chapter more than fifty percent (50%) of the sleeping rooms are located in a structure formerly used as a residence.

(s) "Board" shall refer to the Board of Tax Appeals of the State of Mississippi.

(t) "Spa facility" means an establishment within a municipality or qualified resort area and owned by a hotel where, in consideration of payment, patrons receive from licensed professionals a variety of private personal care treatments such as massages, facials, waxes, exfoliation and hairstyling.

(u) "Art studio or gallery" means an establishment within a municipality or qualified resort area that is in the sole business of allowing patrons to view and/or purchase paintings and other creative artwork.

(v) "Cooking school" means an establishment within a municipality or qualified resort area and owned by a nationally recognized company that offers an established culinary education curriculum and program where, in consideration of payment, patrons are given scheduled professional group instruction on culinary techniques. For purposes of this paragraph, the definition of cooking school shall not include schools or classes offered by grocery stores, convenience stores or drugstores.

(w) "Campus" means property owned by a public school district, community or junior college, college or university in this state where educational courses are taught, school functions are held, tests and examinations are administered or academic course credits are awarded; however, the term shall not include any "restaurant" or "hotel" that is located on property owned by a community or junior college, college or university in this state, and is operated by a third party who receives all revenue generated from food and alcoholic beverage sales.

(x) "Native spirit" shall mean any beverage, produced in Mississippi for sale, manufactured primarily by the distillation of fermented grain, starch, molasses or sugar produced in Mississippi, including dilutions and mixtures of these beverages. In order to be classified as "native spirit" under the provisions of this chapter, at least fifty-one percent (51%) of the finished product by volume shall have been obtained from distillation of fermented grain, starch, molasses or sugar grown and produced in Mississippi.

(y) "Native distillery" shall mean any place or establishment within this state where native spirit is produced in whole or in part for sale.

SECTION 47. This act shall take effect and be in force from and after July 1, 2022.

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Bill Text: MS SB2518 | 2022 | Regular Session | Introduced

Mississippi Senate Bill 2518 (Prior Session Legislation)

Senate Bill 2518

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