Bill Text: MS SB2670 | 2017 | Regular Session | Introduced

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Bill Title: Public Trust Tidelands Transparency and Accountability Act; enact.

Sponsorship: Partisan Bill (Republican 2)

Status: (Failed) 2017-01-31 - Died In Committee [SB2670 Detail]

Download: Mississippi-2017-SB2670-Introduced.html

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MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Public Property; Appropriations

By: Senator(s) Gollott, Tindell

Senate Bill 2670

AN ACT TO BE KNOWN AS THE "PUBLIC TRUST TIDELANDS TRANSPARENCY AND ACCOUNTABILITY ACT"; TO CREATE SECTION 29-15-24, MISSISSIPPI CODE OF 1972, TO REQUIRE THE SECRETARY OF STATE TO PROVIDE TRANSPARENCY AND DETAILED ACCOUNTABILITY IN ADMINISTERING AND ACCOUNTING FOR THE PUBLIC TRUST TIDELANDS FUND AND THE PUBLIC TRUST TIDELANDS ASSESSMENTS FUND; AND FOR RELATED PURPOSES.

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

     SECTION 1.  The following shall be codified as Section 29-15-24, Mississippi Code of 1972:

     29-15-24.  (1)  For purposes of this section:

          (a)  "Tidelands Trust Funds" means and includes the Public Trust Tidelands Fund as established in Section 29-15-9 and the Public Trust Tidelands Assessments Fund as established in Section 29-15-10;

          (b)  "Tidelands Trust Funds Transparency Report" or "Transparency Report" means the monthly report issued by the Secretary of State on transactions, contracts, programs, activity or other such information relating to the Tidelands Trust Funds.

     (2)  The Secretary of State shall publish online on the Secretary of State's website and distribute via e-mail to all requesting parties a Transparency Report regarding the Tidelands Trust Funds with such information as required in this section.  The Secretary of State shall publish and e-mail the Transparency Report on the first business day of each month.  The Secretary of State shall maintain a current and accurate list with the names and e-mail addresses of any person, company or agency who requests to receive the monthly Transparency Reports.

     (3)  The Transparency Report shall be an accounting of all transactions for any accounts involving Tidelands Trust Funds made in the prior month and in the respective fiscal year to date, including, but not limited to:

          (a)  The names of the payors of all deposits;

          (b)  The names of payees of all expenditures;

          (c)  A description of the purposes of all deposits and expenditures; and

          (d)  The specific source of authority and descriptive purposes of expenditures by the Secretary of State for administering the Tidelands Trust Funds and other tidelands matters.

     (4)  The Transparency Report shall include a cumulative listing of all the Public Trust Tidelands leases and all Public Trust Tidelands assessments to date, including, but not limited to:

          (a)  Names and principal location of tenants of leases;

          (b)  Monthly and annual rent amounts;

          (c)  Name and principal location of the entity paying assessments;

          (d)  Monthly and annual assessment amounts;

          (e)  Maps showing locations of leased properties and properties paying assessments; and

          (f)  A detailed narrative description of the procedures, appraisals and reasoning used in determining lease rental amounts and lease assessment amounts for each assessment.

     (5)  The Transparency Report shall include copies of all contracts entered into during the month of each respective report either by the Secretary of State or by the Secretary of State on behalf of the State of Mississippi if such contracts are:

          (a)  For professional services, consulting services, research studies, planning studies, appraisals; or

          (b)  For services that have not been entered into pursuant to a public bid process under state law.

     (6)  The monthly Transparency Reports and any related attachments shall be public records.  The Transparency Reports and any related attachments shall be available for inspection and copying at the Secretary of State's offices in Jackson and Gulfport and shall be made available as required by the Mississippi Public Records Act of 1983.

     (7)  There shall be an annual audit of all Tidelands Trust Funds by an independent auditor hired by the State Auditor and paid for from the Tidelands Trust Funds.  The annual audit of the Tidelands Trust Funds shall be filed with the State Auditor and the Mississippi Legislature and shall be posted on the Secretary of State's website.  The annual audit shall be attached to the Transparency Report for the first month following the filing of each such audit with the Mississippi Legislature.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2017.