Bill Text: MS SB2730 | 2020 | Regular Session | Introduced


Bill Title: "Smith Wills Stadium Commission"; establish to enter into MOU to remodel and manage the stadium.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2020-03-03 - Died In Committee [SB2730 Detail]

Download: Mississippi-2020-SB2730-Introduced.html

MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Public Property; Appropriations

By: Senator(s) Horhn

Senate Bill 2730

AN ACT TO ESTABLISH THE "SMITH-WILLS STADIUM COMMISSION" AND PRESCRIBE ITS MEMBERSHIP; TO AUTHORIZE THE COMMISSION TO ENTER INTO A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CITY OF JACKSON AND THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR PLANNING, MANAGING, REPAIRING, REMODELING, EQUIPPING, FURNISHING, ADDING TO AND IMPROVING THE CAPITAL FACILITY OF SMITH-WILLS STADIUM IN JACKSON, MISSISSIPPI; TO PROVIDE THAT THE CITY OF JACKSON SHALL TRANSFER THE OPERATIONAL, ADMINISTRATIVE AND MANAGING POWERS AND DUTIES OVER SMITH-WILLS STADIUM TO THE SMITH-WILLS STADIUM COMMISSION; TO AUTHORIZE THE COMMISSION TO MAINTAIN PARKING FACILITIES AT THE STADIUM; TO PROVIDE FOR THE FUNDING OF REPAIR, REMODELING AND ENLARGEMENT OF THE STADIUM AND ITS GROUNDS FROM FUNDS APPROPRIATED BY THE LEGISLATURE OR FROM THE SALE OF REVENUE BONDS OR GENERAL OBLIGATION OR FROM ANY OTHER SOURCE; AND FOR RELATED PURPOSES.

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

     SECTION 1.   (1)  There is hereby created a commission to be known as the "Smith-Wills Stadium Commission" for the purpose of developing and entering into a Memorandum of Understanding (MOU) with the City of Jackson and the Department of Finance and Administration for planning, managing, repairing, remodeling, equipping, furnishing, adding to and improving the capital facility and grounds of Smith-Wills Stadium located on Lakeland Drive in Jackson, Mississippi.  The commission shall be located for administrative purposes within the Department of Finance and Administration which shall provide necessary clerical support for the commission.

     (2)  The "Smith-Wills Stadium Commission," hereinafter referred to as the "commission," shall consist of five (5) members as follows:

          (a)  One (1)  member shall be appointed by the Mayor of the City of Jackson, Mississippi;

          (b)  One (1)  member shall be selected by the Jackson City Council;

          (c)  Two (2)  members shall be appointed by the Governor from the state at large outside of Hinds County, Mississippi, and one (1) member shall be appointed by the Governor from Hinds County, Mississippi.  The appointee from Hinds County may be selected from a list of three (3) persons submitted by the Hinds County Board of Supervisors to the Governor.

     Terms of members shall begin on July 1, 2020, as follows:  Of the members appointed by the Governor, one (1) shall serve for a term of one (1) year, one (1) for a term of two (2) years and one (1) for a term of three (3) years; the member appointed by the Mayor of the City of Jackson shall serve for a term of four (4) years; and the member representing the Jackson City Council shall serve for a term of five (5) years.  Upon the expiration of the foregoing terms, members shall serve for terms of five (5) years each.  The appointing authority shall fill any vacancy in the above terms by appointment of a member for the unexpired term.  Members shall be eligible for reappointment.  One (1) member of the commission appointed by the Governor shall be a person knowledgeable in marketing with at least three (3) years actual experience therein and one (1) member appointed by the Governor shall be a person of recognized ability in a trade or business with at least five (5) years' actual experience therein.

     (3)  The commission is authorized to accept donations of money, property or services from any public or private source to accomplish any physical replacement or alterations of stadium property necessary to accomplish the purpose of this act.

     (4)  The members of the commission shall serve without compensation except that members shall be paid their actual and necessary expenses in connection with the performance of their duties as members of the commission, including mileage, as authorized in Section 25-3-41, Mississippi Code of 1972, plus a per diem as is authorized by Section 25-3-69, Mississippi Code of 1972, while engaged in the performance of their duties.  The expenses, mileage and per diem allowance shall be paid out of the Smith-Wills Stadium Fund.

     (5)  The commission shall elect from its membership a chairman who shall preside over meetings and a vice chairman who shall preside in the absence of the chairman.  Three (3) members of the commission shall constitute a quorum for the transaction of any and all business of the commission.

     (6)  The powers of the commission shall be exercised by a majority of the members thereof, but it may delegate to one or more of its members, or to its agents and employees, such powers and duties as it may deem proper, and may adopt rules and regulations for the conduct of its business and affairs.  The commission shall contract with a certified public accounting firm to conduct audits of concession and novelty sales by vendors at the stadium.  The commission shall, as far as is practicable, provide that the cost of such audits shall be paid by the vendor of such concessions or novelties, or both.

     (7)  The commission shall appoint a director who shall have at least a bachelor's degree from an accredited university or college.  The director shall have the responsibility for insuring the marketing of tickets to events conducted in the stadium, in addition to such other duties as the commission may designate.  Before entering upon the duties of his office, the director shall give bond to the State of Mississippi in the sum of Fifty Thousand Dollars ($50,000.00), and said bond shall be conditioned upon the faithful discharge and performance of his official duty.  The principal and surety on said bond shall be liable thereunder to the state for double the amount of value of any money or property which the state may lose, if any, by reason of any wrongful or criminal act of said director.  Said bond, when approved by the commission, shall be filed with the Secretary of State, and the premium thereon shall be paid from the Smith-Wills Stadium Fund.

     SECTION 2.  (1)  From and after July 1, 2020:

          (a)  The City of Jackson as managing agency for the Smith-Wills Stadium, upon consultation with the Department of Finance and Administration, shall transfer the operational, administrative and managing powers and duties over the Smith-Wills Stadium to the Smith-Wills Stadium Commission, subject to a memorandum of understanding (MOU) reached by the Department of Finance and Administration and the City of Jackson.

          (b)  All necessary records, property, funds and other assets of the Smith-Wills Stadium shall be transferred from the City of Jackson to the Department of Finance and Administration acting for the Smith-Wills Stadium Commission.

          (c)  Any personal service, management or other contracts of like nature entered into by the City of Jackson, as such may apply to the properties transferred under this section, shall be transferred to, acknowledged and complied with by the Smith-Wills Stadium Commission as applicable to the interests that each such entity retains in the real property transferred.

     SECTION 3.  Any construction, renovation, repair and reconstruction to the facilities and property of the Smith-Wills Stadium shall be carried on under the direction of the commission, which is authorized to make and enter into such contracts, agreements and undertakings as may be necessary to effect this purpose.  The commission may take any action authorized in this act relating to the facilities and property of the Smith-Wills Stadium.

     SECTION 4.  (1)  The Smith-Wills Stadium Commission shall acquire possession of, operate, maintain and improve the Smith-Wills Stadium.  The Smith-Wills Stadium Commission shall employ such agents and employees as may be required in connection therewith.  All personnel of the Smith-Wills Stadium Commission shall be employees from the Department of Finance and Administration.

     (2)  The Smith-Wills Stadium Commission may enter into contracts for the use of the stadium, and fix the amount of the compensation therefor, and collect the same when due.

     (3)  Any personal service, management or other contracts of like nature entered into by the City of Jackson that are applicable to the Smith-Wills Stadium, in whole or in part, shall be transferred to, acknowledged and complied with by the Smith-Wills Stadium Commission for the term of such contracts.

     (4)  All monies and revenues, including the amusement tax imposed upon the sale of tickets for admission to the stadium, and all other events on stadium property and all monies arising from other use of stadium property, including that realized from the sale of concessions, shall be retained by the Smith-Wills Stadium Commission for the operation, maintenance and improvements to the Smith-Wills Stadium.  The Smith-Wills Stadium Commission shall seek appropriate state funding through the Department of Finance and Administration for completion by the Bureau of Building, Grounds and Real Property for all expenses incident to the necessary safety, repairs and renovations as determined by the Department of Finance and Administration to the Smith-Wills Stadium.

     SECTION 5.  The commission shall promulgate rules and regulations governing the use of the lands and facilities under its supervision.

     SECTION 6.  The Mississippi Department of Transportation is hereby authorized and empowered to maintain the driveways which lead to the Smith-Wills Stadium and are a part of the state-owned real property under the jurisdiction of the Smith-Wills Stadium Commission.  In carrying out this section, the department is authorized to use its personnel, funds, equipment and machinery, and it may accept donations of funds from said commission, the City of Jackson, and Hinds County, which funds are hereby authorized to be expended, and other grants and bequests for carrying out the provisions of this section.

     SECTION 7.  The commission shall contract with an appropriate vendor in an amount reasonable and necessary to provide the following maintenance of parking facilities at the stadium:

          (a)  Adequate lighting;

          (b)  Routine care of the parking surface;

          (c)  Long-term resurfacing of any parking area; and

          (d)  Security.

     SECTION 8.  The proceeds of any bonds authorized and funds appropriated for the enlargement and renovation of the Smith-Wills Stadium, including any funds to be supplied by the City of Jackson or Hinds County and also including funds from any and all other sources set aside for such enlargement and renovation by the Bureau of Building, Grounds and Real Property Management shall be used for the purpose of enlarging and renovating all physical components which make up the Smith-Wills Stadium and shall be deposited in the Smith-Wills Stadium Construction Fund, hereby created in the State Treasury.  Any funds received by the Smith-Wills Stadium Commission under this act may be used for any purpose authorized in this section.

     SECTION 9.  The Bureau of Building, Grounds and Real Property Management may employ competent architects, engineers and other qualified agents to prepare plans, specifications and such other data as may be necessary to enable the Smith-Wills Stadium Commission to carry out the purposes of this act in a manner consistent with sound construction principles.  When the plans and specifications have been approved and accepted by the Bureau of Building, Grounds and Real Property Management, contracts for the various phases of construction shall then be let by the Bureau of Building, Grounds and Real Property Management in the manner provided by law to competent and responsible firms or individuals whose work shall proceed under the constant inspection of a reliable and competent inspector to be furnished for that purpose by the Bureau of Building, Grounds and Real Property Management.  All expenses incurred in the enlargement and renovation under the provisions of this act shall be paid from the Smith-Wills Stadium Construction Fund created herein.

     SECTION 10.  The cost of repairing, remodeling and enlarging the Smith-Wills Stadium and construction of improvements shall be paid from any funds appropriated by the Legislature for such purposes, or from the sale of revenue bonds or general obligation bonds issued for this purpose, as may be hereafter authorized by the Legislature.

     SECTION 11.  This act shall take effect and be in force from and after July 1, 2020.

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