Bill Text: MS HB1659 | 2024 | Regular Session | Engrossed

Mississippi House Bill 1659

Bill Title: Public Trust Tidelands; revise various provisions related to.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2024-04-02 - Died In Committee [HB1659 Detail]

Download: Mississippi-2024-HB1659-Engrossed.html

MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Marine Resources

By: Representatives Anderson (122nd), Fondren

House Bill 1659

(As Passed the House)

AN ACT TO AMEND SECTION 29-1-107, MISSISSIPPI CODE OF 1972, TO REQUIRE A LEASE FROM THE STATE THROUGH THE SECRETARY OF STATE FOR ANY USE OF THE PUBLIC TRUST TIDELANDS FOR ANY USE BY A GAMING OPERATION; TO CLARIFY THAT A GAMING USE IS SEPARATE FROM COMMERCIAL USE; TO CLARIFY THAT THE PUBLIC TRUST TIDELANDS LEASE NEEDED TO MOVE ON SHORE AND PAY THE STATUTORY ASSESSMENT IS A LEASE WITH THE STATE OR THE STATE PORT AT GULFPORT FOR A GAMING OPERATION; TO AMEND SECTION 29-15-1, MISSISSIPPI CODE OF 1972, TO PROVIDE CERTAIN DEFINITIONS; TO CREATE NEW SECTION 29-15-1.1, MISSISSIPPI CODE OF 1972, TO PROVIDE THE LEGISLATIVE INTENT REGARDING THE STATE CONTROL OF THE PUBLIC TRUST TIDELANDS; TO CREATE NEW SECTION 29-15-2, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MANAGEMENT AND ADMINISTRATIVE CONTROL AND AUTHORITY OF THE PUBLIC TRUST TIDELANDS SHALL BE GIVEN TO THE SECRETARY OF STATE; TO PROVIDE THAT A PUBLIC TRUST TIDELANDS LEASE WITH THE STATE THROUGH THE SECRETARY OF STATE IS REQUIRED FOR USE OF THE PUBLIC TRUST TIDELANDS, INCLUDING THOSE BY STATE AGENCIES AND POLITICAL SUBDIVISIONS; TO PROVIDE THAT THE USE OF PUBLIC TRUST TIDELANDS FOR ANY GAMING PURPOSE REQUIRES A PUBLIC TRUST TIDELANDS LEASE FROM THE STATE; TO AMEND SECTION 29-15-3, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 29-15-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ALL EXISTING AND PROPOSED USES OF OR PROJECTS ON PUBLIC TRUST TIDELANDS BY ANY COMMERCIAL ACTIVITY SHALL REQUIRE A PUBLIC TRUST TIDELANDS LEASE FROM THE STATE THROUGH THE SECRETARY OF STATE; TO AMEND SECTION 29-15-9, MISSISSIPPI CODE OF 1972, TO ALLOW ADMINISTRATIVE COSTS LEGAL FEES AND LOST AD VALOREM TAXES, WITH LEGISLATIVE APPROVAL, TO BE PAID OUT OF THE PUBLIC TRUST TIDELANDS FUND; TO AMEND SECTION 29-15-10, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 29-15-13, MISSISSIPPI CODE OF 1972, TO CLARIFY THE NEED FOR A PUBLIC TRUST TIDELANDS LEASE EVEN IF PUBLIC USE OR PROJECT IS EXEMPT FROM RENTAL OR LEASE FEES; TO AMEND SECTION 59-15-1, MISSISSIPPI CODE OF 1972, TO CLARIFY THE STATE LEGISLATIVE INTENT THAT USE OF THE TIDELANDS FOR MUNICIPAL HARBORS REQUIRES A PUBLIC TRUST TIDELANDS LEASE WITH THE STATE THROUGH THE SECRETARY OF STATE; TO AMEND SECTIONS 21-17-1, 57-7-1, 59-7-405 AND 7-11-11, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTIONS 87-1-5, 97-33-1, 97-33-7, 97-33-17, 97-33-25 AND 97-33-27, MISSISSIPPI CODE OF 1972, TO CLARIFY THE DESCRIPTION OF CERTAIN STRUCTURES RELATED TO GAMING; TO BRING FORWARD SECTIONS 29-15-7, 29-15-11, 29-15-15, 29-15-17, 29-15-19, 29-15-21 AND 29-15-23, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE PUBLIC TRUST TIDELANDS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 59-15-3, 59-15-5, 59-15-7, 59-15-9, 59-15-11, 59-15-13, 59-15-15, 59-15-17 AND 59-15-19, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR SMALL CRAFT HARBORS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 59-7-1, 59-7-3, 59-7-5, 59-7-7, 59-7-9, 59-7-11, 59-7-13, 59-7-15, 59-7-17, 59-7-19, 59-7-21, 59-7-101, 59-7-103, 59-7-105, 59-7-107, 59-7-109, 59-7-111, 59-7-113, 59-7-115, 59-7-117, 59-7-119, 59-7-121, 59-7-123, 59-7-125, 59-7-127, 59-7-129, 59-7-131, 59-7-201, 59-7-203, 59-7-205, 59-7-207, 59-7-209, 59-7-211, 59-7-213, 59-7-301, 59-7-303, 59-7-305, 59-7-307, 59-7-309, 59-7-311, 59-7-313, 59-7-315, 59-7-317, 59-7-319, 59-7-321, 59-7-323, 59-7-401, 59-7-403, 59-7-407, 59-7-408, 59-7-409, 59-7-411, 59-7-413, 59-7-415, 59-7-417, 59-7-419, 59-7-421, 59-7-423, 59-7-425, 59-7-427, 59-7-429, 59-7-451, 59-7-453, 59-7-455, 59-7-501, 59-7-503, 59-7-505, 59-7-507, 59-7-509, 59-7-511, 59-7-513, 59-7-515, 59-7-517 AND 59-7-519, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR COUNTY AND MUNICIPAL HARBORS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 65-33-1, 65-33-3, 65-33-5, 65-33-7, 65-33-9, 65-33-11, 65-33-13, 65-33-15, 65-33-17, 65-33-19, 65-33-21, 65-33-23, 65-33-25, 65-33-27, 65-33-29, 65-33-31, 65-33-33, 65-33-35, 65-33-37, 65-33-39, 65-33-41, 65-33-43, 65-33-45, 65-33-47, 65-33-49, 65-33-51, 65-33-53, 65-33-55, 65-33-57, 65-33-59, 65-33-61, 65-33-63, 65-33-65, 65-33-67, 65-33-69 AND 65-33-71, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR SEA WALLS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 29-1-105, 53-3-41, 53-3-75, 55-7-13, 55-7-15, 55-7-21, 55-24-9, 59-3-1, 59-5-11, 59-9-19, 59-17-13, 61-3-15, 79-21-53, 27-31-39, 29-7-3, 39-7-3, 39-7-9, 49-15-301, 49-15-304, 49-17-711, 49-27-4, 49-27-5, 49-27-71, 57-15-5, 59-1-17, 59-9-21 AND 59-9-67, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 29-1-107, Mississippi Code of 1972, is amended as follows:

29-1-107. (1) The Secretary of State with the approval of the Governor shall, as far as practicable, rent or lease all lands belonging to the state, except as otherwise provided by law for a period of not exceeding one (1) year, and account for the rents therefrom in the same manner as money received from the sale of state lands, provided that no state land shall be rented or leased to individuals, corporations, partnerships, or association of persons for hunting or fishing purposes. Property belonging to the state in municipalities, even though it may have been subdivided into lots, blocks, divisions, or otherwise escheated or was sold to the state by such description, may likewise be leased or rented by the Secretary of State under the terms provided above for other state lands, and the rents accounted for in the same manner. The state shall have all the liens, rights and remedies accorded to landlords in Sections 89-7-1 through 89-7-125; said leases and rental contracts shall automatically terminate on the date provided in said leases or contracts. A person possessing a gaming license under the Mississippi Gaming Control Act or who wishes to seek a gaming license under the Mississippi Gaming Control Act and who further uses or wishes to use public trust tidelands as part of its proposed gaming project shall be required to obtain a tidelands lease from the Secretary of State notwithstanding any statute, law or other provision providing other authority to municipalities and counties to use the public trust tidelands and such lease may be conditioned upon the licensee obtaining such other necessary and required approvals.

(2) (a) The Secretary of State, with the approval of the Governor, may rent or lease surface lands, tidelands or submerged lands owned or controlled by the State of Mississippi lying in or adjacent to the Mississippi Sound or Gulf of Mexico or streams emptying therein, for a period not exceeding forty (40) years for rental payable to the state annually. However, the term of any lease of state public trust tidelands to a person possessing a license under the Mississippi Gaming Control Act shall be governed by the provisions of subsection (4) of this section.

(b) The lessee under such agreement may construct such necessary items for marking channels, docking, wharfing, mooring or fleeting vessels which shall be in aid of navigation and not obstructions thereto.

(c) A lessee of record may be given the option to renew for an additional period not to exceed twenty-five (25) years; however, the term of a renewal for a lease of state public trust tidelands to a person possessing a gaming license under the Mississippi Gaming Control Act shall be governed by the provisions of subsection (4) of this section. The holder of a lease of Public Trust Tidelands, at the expiration thereof, shall have a prior right, exclusive of all other persons, to re-lease as may be agreed upon between the holder of the lease and the Secretary of State.

(d) Leases shall provide for review and rent adjustments at each fifth anniversary tied either to the All Urban Consumer Price Index-All Items (CPI) or to an appraisal which deducts the value of any improvements by the lessee which substantially enhance the value of the land. In the case where the initial rental was based on the value set by the ad valorem tax rolls, then the rent review and adjustment clause shall be likewise based on the value set by such tax rolls. In the event that the lessor and lessee cannot agree on a rental amount, the lease may be cancelled at the option of the lessor. The lessee shall, within thirty (30) days after execution of a sublease or assignment, file a copy thereof, including the total consideration therefor, with the Secretary of State. This paragraph shall not apply to a lease of state public trust tidelands or submerged lands to a person possessing a gaming license under the Mississippi Gaming Control Act who operates a gaming establishment on such tidelands or submerged lands or to a person who wishes to seek a gaming license under the Mississippi Gaming Control Act and to use public trust tidelands or submerged lands as part of its proposed gaming project.

(3) Provided, however, the current occupants of public trust tidelands that were developed after the determinable mean high-water line nearest the effective date of the Coastal Wetlands Protection Law shall pay an annual rental based on the fair market value as determined by the assessed valuation of the property. The holder of a lease of Public Trust Tidelands, at the expiration thereof, shall have a prior right, exclusive of all other persons, to re-lease as may be agreed upon between the holder of the lease and the Secretary of State.

(4) (a) This section shall apply to any person possessing a license under the Mississippi Gaming Control Act or who wishes to seek a license under the Mississippi Gaming Control Act and who operates or proposes to operate a gaming establishment in any of the three (3) most southern counties of the state. Any gaming licensee or proposed licensee shall be required to obtain a lease from the Secretary of State to use any state public trust tidelands notwithstanding any statute, law or other provision providing other authority to municipalities and counties to use the public trust tidelands. To locate onshore and qualify to pay the in-lieu tidelands assessment, a gaming operation must have or show that it would have been able to receive a lease of public trust tidelands from the State of Mississippi through the Secretary of State for a gaming operation.

(b) The following shall apply to all leases of state public trust tidelands executed by such a licensee:

(i) Every lease executed after August 29, 2005, shall be for a period of thirty (30) years for rental payable to the state annually.

(ii) By operation of this section, any lease executed before August 29, 2005, may, at the option of the lessee, either remain at the term stated in the original execution of the lease or be converted to a thirty-year term lease, beginning on such date after August 29, 2005, that the lessee either resumes or begins permanent gaming activities as approved by the Mississippi Gaming Commission, and the lessee shall be required to comply with all other provisions of the lease. Should the lessee choose to operate in a structure that is not on state public trust tidelands and that is on property contiguous to state public trust tidelands leased by the State of Mississippi to the lessee, the lessee shall be required to comply with all other provisions of the lease with the State of Mississippi and shall be exempt from the assessment provided for in paragraph (c) of this subsection. Easements for and rights-of-way for public streets and highways shall not be construed to interrupt the contiguous nature of a parcel of property. In the event that a lessee does not elect either to remain bound by the original term of the lease with the State of Mississippi or to convert the lease to a thirty-year term, the Secretary of State may lease the state public trust tidelands that are the subject of the lease to any other person or entity.

(iii) Leases shall provide for review and rent adjustments at each annual anniversary tied to the All Urban Consumer Price Index-All Items (CPI). In the case of the renewal of a lease after the expiration of the original thirty-year term under this subsection, each renewal shall be for a term of thirty (30) years. The base rate to which the CPI shall apply for purposes of executing the subsequent lease shall be negotiated by the lessee with the Secretary of State.

(c) (i) Except as otherwise provided in this paragraph, any person possessing a license under the Mississippi Gaming Control Act who does not for a gaming site lease public trust tidelands from the * * *~~state or any of its political subdivisions~~ State of Mississippi by and through the Secretary of State or a state port, and who operates a gaming establishment in any of the three (3) most southern counties of the state, shall pay an annual in-lieu tidelands assessment to the Public Trust Tidelands Assessments Fund (hereinafter referred to as "fund") created in Section 29-15-10, in the amount and manner provided for in this paragraph.

For calendar year 2006, the annual in-lieu tidelands assessment paid by the licensee to the fund shall be:

1. Four Hundred Thousand Dollars ($400,000.00), if the capital investment in the part of the structure in which licensed gaming activities are conducted is Fifty Million Dollars ($50,000,000.00) or less.

2. Four Hundred Fifty Thousand Dollars ($450,000.00), if the capital investment in the part of the structure in which licensed gaming activities are conducted is equal to or more than Fifty Million Dollars ($50,000,000.00) but less than Sixty Million Dollars ($60,000,000.00).

3. Five Hundred Thousand Dollars ($500,000.00), if the capital investment in the part of the structure in which licensed gaming activities are conducted is equal to or more than Sixty Million Dollars ($60,000,000.00) but less than Seventy-five Million Dollars ($75,000,000.00).

4. Six Hundred Thousand Dollars ($600,000.00), if the capital investment in the part of the structure in which licensed gaming activities are conducted is equal to or more than Seventy-five Million Dollars ($75,000,000.00) but less than One Hundred Million Dollars ($100,000,000.00).

5. Seven Hundred Thousand Dollars ($700,000.00), if the capital investment in the part of the structure in which licensed gaming activities are conducted is equal to or more than One Hundred Million Dollars ($100,000,000.00) but less than One Hundred Twenty-five Million Dollars ($125,000,000.00).

6. Seven Hundred Fifty Thousand Dollars ($750,000.00), if the capital investment in the part of the structure in which licensed gaming activities are conducted is equal to or more than One Hundred Twenty-five Million Dollars ($125,000,000.00).

For each calendar year thereafter, the Secretary of State shall review and adjust the value of the capital investment and the annual in-lieu tidelands assessment due. Such review and adjustment shall be tied to the CPI.

(ii) This paragraph shall not apply to a gaming licensee if the licensee conducts gaming in a structure that is located on property that is leased from the Mississippi State Port at Gulfport or any political subdivision of the state, or to a licensee who conducts gaming in a structure that is located on property that is leased to the licensee jointly by the State of Mississippi and the City of Biloxi; however, with regard to property owned by a political subdivision of the state, this exception shall only apply to property owned by the political subdivision on August 29, 2005, if legal gaming could have been conducted on such property on that date.

(iii) This paragraph shall not apply to a gaming licensee if the licensee conducts gaming in a structure that is located on property that is not leased from the State of Mississippi and/or a political subdivision of the State of Mississippi and is not on state public trust tidelands before August 29, 2005, and shall not apply to a gaming license if the licensee or former licensee conducted gaming on * * *~~that property~~ contiguous property through a lease with the State Port at Gulfport before August 29, 2005.

SECTION 2. Section 29-15-1, Mississippi Code of 1972, is amended as follows:

29-15-1. (a) "Commission" means the Mississippi Advisory Commission on Marine Resources.

(b) "Local tidal datum" means the datum established for a specific tide station through the use of tidal observations made at that station.

(c) "Mean high water" means the arithmetic mean of all the high waters occurring in a particular nineteen-year tidal epoch period; or for a shorter period of time after corrections are applied to the short term observations to reduce these values to the equivalent nineteen-year value.

(d) "Mean high water line" means the intersection of the tidal datum plane of mean high water with the shore.

(e) "Mean high water survey" means a survey of the intersection of the shoreline with the tidal datum plane of mean high water using local tidal datums and surveying methodologies approved by the commission. Methodologies shall include but not be limited to the "staking method," "the topographic method" and "tide coordinated aerial photography."

(f) "National map accuracy standards" means a set of guidelines published by the Office of Management and Budget of the United States to which maps produced by the United States government adhere.

(g) "Submerged lands" means lands which remain covered by waters, where the tides ebb and flow, at ordinary low tides.

(h) "Tidelands" means those lands which are daily covered and uncovered by water by the action of the tides, up to the mean high water line * * * ~~of the ordinary high tides~~.

(i) "Department" means the Mississippi Department of Marine Resources.

(j) "Fastlands" means tidelands and submerged lands waterward of the historic natural mean high water line but artificially filled such that the area waterward of that line is above mean high water.

(k) "Public Trust Tidelands" means those surface lands, tidelands, and submerged lands owned by the state and held in trust for the citizens of the State of Mississippi.

(l) "Surface lands" means the same as fastlands.

SECTION 3. The following shall be codified as Section 29-15-1.1, Mississippi Code of 1972:

29-15-1.1. (1) The Legislature passed the Tidelands Act of 1989, codified at Sections 29-1-107 and 29-15-1 et seq., to provide stability and certainty to the land titles of riparian and littoral property owners. The Legislature now finds certainty and stability of the state ownership of Public Trust Tidelands in trust for all the citizens of the state and the designation of the Secretary of State as the trustee agent to act in the best interest of the state in the control, management, administration and leasing of the Public Trust Tidelands are essential for the economical and consistent use of the Public Trust Tidelands for the benefit of all the citizens of the state. Due to a number of disputes causing harm and expense to the management of the state-held Public Trust Tidelands, legislative action is required to provide for the effective and consistent state control and management of the Public Trust Tidelands to ensure their sustainability and enjoyment for current and future generations of state citizens.

(2) The Legislature recognizes it serves the best interest of all citizens of the state, for whom the state holds title to the Public Trust Tidelands. To balance their preservation and economic development interests, the Legislature believes the citizens of our state are best served when Public Trust Tidelands are controlled, managed, administered, and leased by one (1) trustee agent acting for the entire state. The Legislature herby confirms the state's ownership of the Public Trust Tidelands for the enjoyment and benefit of its citizens, and that the Secretary of State, as the Land Commissioner of the State of Mississippi, should be and is acknowledged as the trustee agent of the state for the control, management, administration, and leasing of the Public Trust Tidelands. Further, by confirming the Secretary of State as the only trustee agent of the Public Trust Tidelands, the legislature has faith in the Secretary's ability to deal justly and fairly with all municipalities and counties along the Mississippi Gulf Coast.

SECTION 4. The following shall be codified as Section 29-15-2, Mississippi Code of 1972:

29-15-2. (1) It is declared that the state held tidelands subject to the public trust and the boundary between trust lands and other lands are shown on the Final Public Trust Tidelands Map and Public Trust Submerged Land Maps, Final December 1994, created and published pursuant to Section 29-15-7, as modified by any boundary agreements or court orders.

(2) Absent clear, specific and expressed legislative intent to sever fee simple title of a specific parcel of Public Trust Tidelands from the state in favor of a specific state agency or political subdivision, fee simple title remains in the state.

(3) It is declared to be the public policy of this state that all management and administrative control and authority of all state held Public Trust Tidelands is vested solely in the Secretary of State as the Land Commissioner and trustee of the Public Trust Tidelands.

(4) Absent clear, specific and expressed legislative intent to grant management and administrative control and authority, including leasing authority, of a specific area of Public Trust Tidelands to a specific state agency or political subdivision, the Secretary of State is not divested of management and administrative control and authority, and leasing authority.

(5) (a) All proposed uses of Public Trust Tidelands by any entity, including a private party or a federal, state or local government, requires review of and approval by the Secretary of State as the Land Commissioner and trustee of the Public Trust Tidelands to confirm such use is consistent with the public trust for which the land are held for the benefit of all citizens of the state and the public policy as expressed by the Legislature.

(b) Any entity, including a private party or a federal, state or local government agency or authority, shall submit plans to the Secretary of State concerning use of the Public Trust Tidelands for review and approval, and if necessary, a Public Trust Tidelands lease, before any activity on the Public Trust Tidelands.

(c) All state agencies, consistent with the legislative intent of Section 29-15-3 and Section 57-15-6, shall coordinate with the Secretary of State concerning activities on the Public Trust Tidelands, and receive approval before conducting or authorizing activities on the Public Trust Tidelands.

(6) (a) All existing and proposed uses of or projects on Public Trust Tidelands by any commercial activity shall require a Public Trust Tidelands lease from the state through the Secretary of State as trustee of the Public Trust Tidelands and shall be subject to annual rent pursuant to Section 29-1-107.

(b) All existing and proposed public uses of or projects on Public Trust Tidelands by any federal, state or local governmental entity and which serve a higher public purpose of promoting the conservation, reclamation and preservation of the tidelands and submerged lands; public use for boating, boat launches, piers, small craft harbors and marinas; fishing, recreation or navigation; or the enhancement of public access to such lands shall require a Public Trust Tidelands lease from the state through the Secretary of State as trustee of the Public Trust Tidelands pursuant to Section 29-1-107 (2) but shall be exempt from any use, lease, or rental fees pursuant to Section 29-15-13.

(7) All uses of Public Trust Tidelands for any gaming purpose or purpose related to a gaming operation shall require a Public Trust Tidelands lease from the state through the Secretary of State as trustee of the Public Trust Tidelands and shall be subject to annual rent pursuant to Section 29-1-107.

(8) All previous or prior statutory provisions which affect the Public Trust Tidelands shall be construed and interpreted subject to and consistent with the provisions contained in this statute.

SECTION 5. Section 29-15-3, Mississippi Code of 1972, is amended as follows:

29-15-3. (1) It is declared to be the public policy of this state to favor the preservation of the natural state of the state's public trust tidelands and their ecosystems and to prevent the despoliation and destruction of them, except where a specific alteration of specific public trust tidelands would serve a higher public interest in compliance with the public purposes of the public trust in which such tidelands are held.

(2) It is hereby declared to be a higher public purpose of this state and the public tidelands trust to resolve the uncertainty and disputes which have arisen as to the location of the boundary between the state's public trust tidelands and the upland property and to confirm the mean high water boundary line as determined by the Mississippi Supreme Court, the laws of this state and this chapter.

(3) Absent clear and specific intent by the Legislature to sever fee simple ownership or to grant management and administrative control and authority, to include but not limited to leasing authority, of a specific area of Public Trust Tidelands to a specific state agency or political subdivision, then fee simple title, management and administrative control and authority, and leasing authority to and of the Public Trust Tidelands is in the State of Mississippi.

(4) It is hereby declared that Public Trust Tidelands held by the state will to be managed and administered by the Secretary of State as the Land Commissioner and Trustee of the Public Trust Tidelands.

SECTION 6. Section 29-15-5, Mississippi Code of 1972, is amended as follows:

29-15-5. (1) Tidelands and submerged lands are held by the state in trust for use of all the people, and are so held in their character as the beds and shores of the sea and its tidally affected arms and tributaries for the purposes defined by common law and statutory law. Littoral and riparian property owners have common law and statutory rights under the Coastal Wetlands Protection Law which extend into the waters and beyond the low tide line, and the state's responsibilities as trustee extends to such owners as well as to the other members of the public.

(2) Residential property owners shall not be required to obtain a public trust tidelands lease from the state for exercising their common law and statutory littoral and riparian rights attached to residential property.

(3) All existing and proposed uses of or projects on Public Trust Tidelands by any commercial activity shall require a Public Trust Tidelands lease from the state through the Secretary of State as Trustee of the Public Trust Tidelands and shall be subject to annual rent pursuant to Section 29-1-107.

(4) All existing or proposed public uses of or projects on any federal, state or local governmental entity, including counties and municipalities, which serve a higher public purpose of promoting the conservation, reclamation, preservation of the tidelands and submerged lands, public use for boating, boat launches, piers, small craft harbors and marinas, fishing, recreation or navigation, or the enhancement of public access to such lands shall require a lease of state Public Trust Tidelands from the state through the Secretary of State as trustee of the Public Trust Tidelands pursuant to Section 29-1-107(2).

SECTION 7. Section 29-15-9, Mississippi Code of 1972, is amended as follows:

29-15-9. (1) There is created in the State Treasury a special fund to be known as the "Public Trust Tidelands Fund." The fund shall be administered by the Secretary of State as trustee.

(2) Any funds derived from lease rentals of tidelands and submerged lands, except those funds derived from mineral leases, or funds previously specifically designated to be applied to other agencies, shall be transferred to the special fund. * * *~~However~~ Subject to legislative authorization, funds derived from lease rentals * * *~~may~~ shall be used to cover the administrative cost, including legal expenses, incurred by the Secretary of State in administering the Public Trust Tidelands. Any remaining funds derived from lease rentals shall then be disbursed pro rata to the local taxing authorities for the replacement of lost ad valorem taxes, if any. Then, any remaining funds shall be disbursed to the * * *~~commission~~ Department of Marine Resources for new and extra programs of tidelands management, such as conservation, reclamation, preservation, acquisition, education or the enhancement of public access to the public trust tidelands or public improvement projects as they relate to those lands.

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

(a) The Department of Marine Resources shall make progress payments in installments based on the work completed and material used in the performance of a tidelands project only after receiving written verification from the political subdivision or agency. The political subdivision or agency shall submit verification of the work completed or materials in such detail and form that the department may require.

(b) The Department of Marine Resources shall make funds available for the purpose of using such funds as a match or leverage for federal or other funds that are available for the designated tidelands project.

SECTION 8. Section 29-15-10, Mississippi Code of 1972, is amended as follows:

29-15-10. (1) There is created in the State Treasury a special fund to be known as the "Public Trust Tidelands Assessments Fund." The purpose of the fund is to ensure that monies derived from the public trust tidelands assessments shall be used for the benefit of preserving and protecting the tidelands and submerged lands found within the three (3) most southern counties of the state. One (1) specific purpose of the fund is to ensure that the annual payment made by the state for the purchase of Deer Island shall continue uninterrupted until the purchase transaction is completed. The fund shall be administered by the Secretary of State, as trustee. None of the funds that are in the special fund or that are required to be deposited into the special fund shall be transferred, diverted or in any other manner expended or used for any purpose other than those purposes specified in this section.

(2) (a) Any funds derived from assessments made pursuant to Section 29-1-107(4)(c) shall be deposited into the special fund.

(b) Funds paid pursuant to paragraph (a) of this subsection may be appropriated by the Legislature in an amount necessary to cover the administrative cost incurred by the Mississippi Advisory Commission on Marine Resources. Any remaining funds shall be disbursed * * *by to the * * *~~commission~~ Department of Marine Resources for new and extra programs of tidelands management, such as conservation, reclamation, preservation, acquisition, education or the enhancement of public access to the public trust tidelands or public improvement projects as they relate to those lands.

SECTION 9. Section 29-15-13, Mississippi Code of 1972, is amended as follows:

29-15-13. All existing or proposed public projects of any federal, state or local governmental entity, including counties and municipalities, which serve a higher public purpose of promoting the conservation, reclamation, preservation of the tidelands and submerged lands, public use for boating, boat launches, piers, small craft harbors and marinas, fishing, recreation or navigation, or the enhancement of public access to such lands shall require a lease of Public Trust Tidelands from the Secretary of State but shall be exempt from any use, lease or rental fees.

SECTION 10. Section 59-15-1, Mississippi Code of 1972, is amended as follows:

59-15-1. The authorities of any city in this state which has a population of ten thousand (10,000) or more, according to the last official government census, and the authorities of any municipality bordering on the Mississippi Sound or Gulf of Mexico are hereby given the authority to acquire by purchase, deed, donation, gift, grant, * * *~~reclamation,~~ lease, dedication, or otherwise, and if state-owned Public Trust Tidelands by lease subject to Sections 29-1-107(2) and 29-15-13, such land, harbor sites or water frontage for the purpose of establishing, developing, promoting, maintaining, and operating harbors for small water crafts and recreational parks connected therewith within its territorial limits, or both, and shall have the power to acquire, purchase, install, rent, lease, mortgage, incumber, construct, own, hold, maintain, equip, use, control and operate recreational parks and harbors for small water craft. Any such existing use of state Public Trust Tidelands shall require a Public Trust Tidelands lease from the State of Mississippi by and through the Secretary of State. Any use of state Public Trust Tidelands for gaming as contemplated by Section 27-1-107(4) shall require a direct lease of the Public Trust Tidelands from the State of Mississippi by and through the Secretary of State and such lease may be conditioned upon the licensee obtaining such other necessary and required approvals. Once permission to use the Public Trust Tidelands has been established, the tidelands shall be under the management and control of the municipality, and the revenues generated shall be used for the maintenance and upkeep and operation of the harbor.

SECTION 11. Section 21-17-1, Mississippi Code of 1972, is amended as follows:

21-17-1. (1) Every municipality of this state shall be a municipal corporation and shall have power to sue and be sued; to purchase and hold real estate, either within or without the corporate limits, for all proper municipal purposes, including parks, cemeteries, hospitals, schoolhouses, houses of correction, waterworks, electric lights, sewers and other proper municipal purposes; to purchase and hold personal property for all proper municipal purposes; to sell or dispose of personal property or real property owned by it consistent with Section 17-25-25; to acquire equipment and machinery by lease-purchase agreement and to pay interest thereon, if contracted, when needed for proper municipal purposes; and to sell and convey any real property owned by it, and make such order respecting the same as may be deemed conducive to the best interest of the municipality, and exercise jurisdiction over the same.

(2) (a) Except as otherwise provided in this subsection, in case any of the real property belonging to a municipality shall cease to be used for municipal purposes, the governing authority of the municipality may sell, convey or lease the same on such terms as the municipal authority may elect. In case of a sale on a credit, the municipality shall charge appropriate interest as contracted and shall have a lien on the same for the purchase money, as against all persons, until paid and may enforce the lien as in such cases provided by law. The deed of conveyance in such cases shall be executed in the name of the municipality by the governing authority of the municipality pursuant to an order entered on the minutes. In any sale or conveyance of real property, the municipality shall retain all mineral rights that it owns, together with the right of ingress and egress to remove same. Except as otherwise provided in this section, before any such lease, deed or conveyance is executed, the governing authority of the municipality shall publish at least once each week for three (3) consecutive weeks, in a public newspaper of the municipality in which the real property is located, or if no newspaper be published as such, then in a newspaper having general circulation therein, the intention to lease or sell, as the case may be, the municipally owned real property and to accept sealed competitive bids for the leasing or sale. The governing authority of the municipality shall thereafter accept bids for the lease or sale and shall award the lease or sale to the highest bidder in the manner provided by law. However, whenever the governing authority of the municipality shall find and determine, by resolution duly and lawfully adopted and spread upon its minutes (i) that any municipally owned real property is no longer needed for municipal or related purposes and is not to be used in the operation of the municipality, (ii) that the sale of such property in the manner otherwise provided by law is not necessary or desirable for the financial welfare of the municipality, and (iii) that the use of such property for the purpose for which it is to be sold, conveyed or leased will promote and foster the development and improvement of the community in which it is located and the civic, social, educational, cultural, moral, economic or industrial welfare thereof, the governing authority of the municipality shall be authorized and empowered, in its discretion, to sell, convey or lease same for any of the purposes set forth herein without having to advertise for and accept competitive bids.

(b) In any case in which a municipality proposes to sell, convey or lease real property under the provisions of this subsection (2) without advertising for and accepting competitive bids, the governing authority may sell, convey or lease the property as follows:

(i) Consideration for the purchase, conveyance or lease of the property shall be not less than the average of the fair market price for such property as determined by at least two (2) professional property appraisers selected by the municipality and approved by the purchaser or lessee. Appraisal fees shall be shared equally by the municipality and the purchaser or lessee;

(ii) The governing authority of a municipality may contract for the professional services of a Mississippi licensed real estate broker to assist the municipality in the marketing and sale or lease of the property, and may provide the broker reasonable compensation for services rendered to be paid from the sale or lease proceeds. The reasonable compensation shall not exceed the usual and customary compensation for similar services within the municipality; or

(iii) The governing authority of a municipality may lease property of less than one thousand five hundred (1,500) square feet to any person or legal entity by having two (2) appraisals establish the fair market value of the lease, and on such other terms and conditions as the parties may agree, such lease being lawfully adopted and spread upon its official minutes.

(3) Whenever the governing authority of the municipality shall find and determine by resolution duly and lawfully adopted and spread upon the minutes that municipally owned real property is not used for municipal purposes and therefore surplus as set forth in subsection (2) of this section:

(a) (i) Except as otherwise provided in subparagraph (ii) of this paragraph (a), the governing authority may donate such lands to a bona fide not-for-profit civic or eleemosynary corporation organized and existing under the laws of the State of Mississippi and granted tax-exempt status by the Internal Revenue Service and may donate such lands and necessary funds related thereto to the public school district in which the land is situated for the purposes set forth herein. Any deed or conveyance executed pursuant hereto shall contain a clause of reverter providing that the bona fide not-for-profit corporation or public school district may hold title to such lands only so long as they are continued to be used for the civic, social, educational, cultural, moral, economic or industrial welfare of the community, and that title shall revert to the municipality in the event of the cessation of such use for a period of two (2) years. In any such deed or conveyance, the municipality shall retain all mineral rights that it owns, together with the right of ingress and egress to remove same;

(ii) If the governing authority of a municipality with a total population of greater than forty thousand (40,000) but not more than forty-two thousand five hundred (42,500) according to the 2010 federal decennial census, donates real property to a bona fide not-for-profit civic or eleemosynary corporation and such civic or eleemosynary corporation commits Two Million Dollars ($2,000,000.00) to renovate or make capital improvements to the property by an agreement between a certain state institution of higher learning and the civic or eleemosynary corporation, then the clause of reverter required by this paragraph shall provide that title of such real property shall revert 1. to the bona fide not-for-profit civic or eleemosynary corporation, if a certain state institution of higher learning ceases to use the property for the purposes required by this paragraph (a) for donated lands, or 2. to the municipality, if a certain state institution of higher learning ceases to use the property for the purposes required by this paragraph (a) and the not-for-profit civic or eleemosynary corporation or its successor ceases to exist;

(b) (i) The governing authority may donate such lands to a bona fide not-for-profit corporation (such as Habitat for Humanity) which is primarily engaged in the construction of housing for persons who otherwise can afford to live only in substandard housing. In any such deed or conveyance, the municipality shall retain all mineral rights that it owns, together with the right of ingress and egress to remove same;

(ii) In the event the governing authority does not wish to donate title to such lands to the bona fide not-for-profit civic or eleemosynary corporation, but wishes to retain title to the lands, the governing authority may lease the lands to a bona fide not-for-profit corporation described in paragraph (a) or this paragraph (b) for less than fair market value;

(c) The governing authority may donate any municipally owned lot measuring twenty-five (25) feet or less along the frontage line as follows: the governing authority may cause the lot to be divided in half along a line running generally perpendicular to the frontage line and may convey each one-half (1/2) of that lot to the owners of the parcels laterally adjoining the municipally owned lot. All costs associated with a conveyance under this paragraph (c) shall be paid by the person or entity to whom the conveyance is made. In any such deed or instrument of conveyance, the municipality shall retain all mineral rights that it owns, together with the right of ingress and egress to remove same;

(d) Nothing contained in this subsection (3) shall be construed to prohibit, restrict or to prescribe conditions with regard to the authority granted under Section 17-25-3.

(4) Every municipality shall also be authorized and empowered to loan to private persons or entities, whether organized for profit or nonprofit, funds received from the United States Department of Housing and Urban Development (HUD) under an urban development action grant or a community development block grant under the Housing and Community Development Act of 1974 (Public Law 93-383), as amended, and to charge interest thereon if contracted, provided that no such loan shall include any funds from any revenues other than the funds from the United States Department of Housing and Urban Development; to make all contracts and do all other acts in relation to the property and affairs of the municipality necessary to the exercise of its governmental, corporate and administrative powers; and to exercise such other or further powers as are otherwise conferred by law.

(5) (a) The governing authority of any municipality may establish an employer-assisted housing program to provide funds to eligible employees to be used toward the purchase of a home. This assistance may be applied toward the down payment, closing costs or any other fees or costs associated with the purchase of a home. The housing assistance may be in the form of a grant, forgivable loan or repayable loan. The governing authority of a municipality may contract with one or more public or private entities to provide assistance in implementing and administering the program and shall adopt rules and regulations regarding the eligibility of a municipality for the program and for the implementation and administration of the program. However, no general funds of a municipality may be used for a grant or loan under the program.

(b) Participation in the program established under this subsection (5) shall be available to any eligible municipal employee as determined by the governing authority of the municipality. Any person who receives financial assistance under the program must purchase a house and reside within certain geographic boundaries as determined by the governing authority of the municipality.

(c) If the assistance authorized under this subsection (5) is structured as a forgivable loan, the participating employee must remain as an employee of the municipality for an agreed upon period of time, as determined by the rules and regulations adopted by the governing authority of the municipality, in order to have the loan forgiven. The forgiveness structure, amount of assistance and repayment terms shall be determined by the governing authority of the municipality.

(6) The governing authority of any municipality may contract with a private attorney or private collection agent or agency to collect any type of delinquent payment owed to the municipality, including, but not limited to, past-due fees, fines and other assessments, or with the district attorney of the circuit court district in which the municipality is located to collect any delinquent fees, fines and other assessments. Any such contract debt may provide for payment contingent upon successful collection efforts or payment based upon a percentage of the delinquent amount collected; however, the entire amount of all delinquent payments collected shall be remitted to the municipality and shall not be reduced by any collection costs or fees. Any private attorney or private collection agent or agency contracting with the municipality under the provisions of this subsection shall give bond or other surety payable to the municipality in such amount as the governing authority of the municipality deems sufficient. Any private attorney with whom the municipality contracts under the provisions of this subsection must be a member in good standing of The Mississippi Bar. Any private collection agent or agency with whom the municipality contracts under the provisions of this subsection must meet all licensing requirements for doing business in the State of Mississippi. Neither the municipality nor any officer or employee of the municipality shall be liable, civilly or criminally, for any wrongful or unlawful act or omission of any person or business with whom the municipality has contracted under the provisions of this subsection. The Mississippi Department of Audit shall establish rules and regulations for use by municipalities in contracting with persons or businesses under the provisions of this subsection. If a municipality uses its own employees to collect any type of delinquent payment owed to the municipality, then from and after July 1, 2000, the municipality may charge an additional fee for collection of the delinquent payment provided the payment has been delinquent for ninety (90) days. The collection fee may not exceed twenty-five percent (25%) of the delinquent payment if the collection is made within this state and may not exceed fifty percent (50%) of the delinquent payment if the collection is made outside this state. In conducting collection of delinquent payments, the municipality may utilize credit cards or electronic fund transfers. The municipality may pay any service fees for the use of such methods of collection from the collection fee, but not from the delinquent payment. There shall be due to the municipality from any person whose delinquent payment is collected under a contract executed as provided in this subsection an amount, in addition to the delinquent payment, of not to exceed twenty-five percent (25%) of the delinquent payment for collections made within this state, and not to exceed fifty percent (50%) of the delinquent payment for collections made outside of this state.

(7) In addition to such authority as is otherwise granted under this section, the governing authority of any municipality may expend funds necessary to maintain and repair, and to purchase liability insurance, tags and decals for, any personal property acquired under the Federal Excess Personal Property Program that is used by the local volunteer fire department.

(8) In addition to the authority to expend matching funds under Section 21-19-65, the governing authority of any municipality, in its discretion, may expend municipal funds to match any state, federal or private funding for any program administered by the State of Mississippi, the United States government or any nonprofit organization that is exempt under 26 USCS Section 501(c)(3) from paying federal income tax.

(9) The governing authority of any municipality that owns and operates a gas distribution system, as defined in Section 21-27-11(b), and the governing authority of any public natural gas district are authorized to contract for the purchase of the supply of natural gas for a term of up to ten (10) years with any public nonprofit corporation which is organized under the laws of this state or any other state.

(10) The governing authority of any municipality may perform and exercise any duty, responsibility or function, may enter into agreements and contracts, may provide and deliver any services or assistance, and may receive, expend and administer any grants, gifts, matching funds, loans or other monies, in accordance with and as may be authorized by any federal law, rule or regulation creating, establishing or providing for any program, activity or service. The provisions of this subsection shall not be construed as authorizing any municipality or the governing authority of such municipality to perform any function or activity that is specifically prohibited under the laws of this state or as granting any authority in addition to or in conflict with the provisions of any federal law, rule or regulation.

(11) (a) In addition to such authority as is otherwise granted under this section, the governing authority of a municipality, in its discretion, may sell, lease, donate or otherwise convey property to any person or legal entity without public notice, without having to advertise for and accept competitive bids and without appraisal, with or without consideration, and on such terms and conditions as the parties may agree if the governing authority finds and determines, by resolution duly and lawfully adopted and spread upon its official minutes:

(i) The subject property is real property acquired by the municipality:

1. By reason of a tax sale;

2. Because the property was abandoned or blighted; or

3. In a proceeding to satisfy a municipal lien against the property;

(ii) The subject property is blighted and is located in a blighted area;

(iii) The subject property is not needed for governmental or related purposes and is not to be used in the operation of the municipality;

(iv) That the sale of the property in the manner otherwise provided by law is not necessary or desirable for the financial welfare of the municipality; and

(v) That the use of the property for the purpose for which it is to be conveyed will promote and foster the development and improvement of the community in which it is located or the civic, social, educational, cultural, moral, economic or industrial welfare thereof; the purpose for which the property is conveyed shall be stated.

(b) Any deed or instrument of conveyance executed pursuant to the authority granted under this subsection shall contain a clause of reverter providing that title to the property will revert to the municipality if the person or entity to whom the property is conveyed does not fulfill the purpose for which the property was conveyed and satisfy all conditions imposed on the conveyance within two (2) years of the date of the conveyance.

(c) In any such deed or instrument of conveyance, the municipality shall retain all mineral rights that it owns, together with the right of ingress and egress to remove same.

(12) The governing authority of any municipality may enter into agreements and contracts with any housing authority, as defined in Section 43-33-1, to provide extra police protection in exchange for the payment of compensation or a fee to the municipality.

(13) The governing authority of any municipality may reimburse the cost of an insured's deductible for an automobile insurance coverage claim if the claim has been paid for damages to the insured's property arising from the negligence of a duly authorized officer, agent, servant, attorney or employee of the municipality in the performance of his or her official duties, and the officer, agent, servant, attorney or employee owning or operating the motor vehicle is protected by immunity under the Mississippi Tort Claims Act, Section 11-46-1 et seq.

(14) The powers conferred by this section shall be in addition and supplemental to the powers conferred by any other law, and nothing contained in this section shall be construed to prohibit, or to prescribe conditions concerning, any practice or practices authorized under any other law.

SECTION 12. Section 57-7-1, Mississippi Code of 1972, is amended as follows:

57-7-1. In the event that any municipality, county, supervisors district, municipal airport authority, regional airport authority or other governmental subdivision shall have surplus airport land or other lands which are not needed for airport purposes or for other governmental purposes, then such property so designated and described may be set aside and improved for industrial and commercial purposes and the same may thereafter be operated or the same may be leased or sold upon such terms and conditions as a municipality, county, municipal airport authority, regional airport authority or governmental subdivision shall prescribe.

In order to provide for the improvement of such property for industrial and commercial purposes, the municipality or other authority shall be authorized to provide all necessary utilities therefor and to lay out, construct and/or improve and hard-surface roadways, streets, driveways and access roads, railroads and spur tracks, and provide for the grading, drainage, sewer, lights and water, and all other necessary or proper utilities as may be necessary or proper to make such land desirable or useful as a site or sites for industrial and commercial enterprises. The cost and expense of such improvements to said real estate shall be paid for from funds made available from the lease or sale of such lands to the extent such funds are available.

All uses of public trust tidelands shall be through a lease with the state through the Secretary of State.

SECTION 13. Section 59-7-405, Mississippi Code of 1972, is amended as follows:

59-7-405. (1) (a) The governing authorities of any municipality in which there is situated and located, in whole or in part, a port or harbor through which commerce flows, and having not less than eight (8) industries engaged in the seafood industry, which maintains a channel and/or harbor to a depth of not less than eight (8) feet, may engage in, either directly or through the commission hereinafter provided and designated, and such other agencies as hereafter may be provided by law, works of internal improvement, or promoting, developing, constructing, maintaining and operating harbors or seaports within the state and its jurisdiction, and either directly or through the commission hereinafter provided for, with the power and authority to acquire, purchase, install, rent, lease, mortgage and/or otherwise encumber, to construct, own, hold, maintain, equip, use, control and operate at seaports or harbors, wharves, piers, docks, warehouses, cold storage facilities, water and rail terminals, airplane landing fields and strips, and other structures and facilities, needful for the convenient use of the same in the aid of commerce and navigation, and including the dredging of channels and approaches to the facilities, and being authorized with prior approval of the state through the Secretary of State to fill in * * * ~~and reclaim~~ bottomlands where incidental and necessary to the foregoing development. All uses of public trust tidelands shall be through a lease with the state through the Secretary of State.

(b) A municipality, which is operating a port through a port commission under this section, may dissolve the port commission as provided in Section 59-7-408 and directly operate and maintain the port as provided under this article.

(2) The municipal authorities or commission, in connection with the exercise of the foregoing works of improvement and development, may as an adjunct to any such work of improvement or development to erect or construct such bridges, causeways or structures as may be required for access to and from the harbors or facilities provided as aforesaid by the municipal authorities or the commission, and including any necessary bridge or causeway or combination of the same, connecting with any island or islands lying within three (3) leagues of the main shoreline of the Mississippi Sound or the Gulf of Mexico, and whether the same be within or without the limits of the municipality concerned.

(3) The municipal authorities or commission may procure, by gift, grant, purchase, or by the exercise of eminent domain, and for the public purposes and uses herein provided for, such land or interest therein as may be required for the purposes of this article, and regardless of whether the land be within or without the limits of the municipality involved. All uses of public trust tidelands shall be through a lease with the state through the Secretary of State.

(4) The municipal authorities or commission, in the exercise of the powers granted hereunder, may provide any of the aforesaid facilities alone or in collaboration and in conjunction with any other public bodies, entities or commissions, as may now or hereafter be established by law.

(5) The municipal authorities or commission may provide, among other harbor facilities, small craft and pleasure craft harbors and facilities needed therefor, including park and recreational facilities as an adjunct thereto, and in order to develop and promote tourist and recreational trade in the port.

(6) The municipal authorities or commission have the power and authority to carry out the provisions of this article, to employ engineers, attorneys, and such employees as may be necessary in carrying out the provisions of this article, from time to time, and for the purpose of operating the facilities herein provided for, and may prescribe reasonable compensation in connection with such employment.

SECTION 14. Section 7-11-11, Mississippi Code of 1972, is amended as follows:

7-11-11. The Secretary of State shall have charge of the swamp and the overflowed lands and indemnity lands in lieu thereof, the internal improvement lands, the lands forfeited to the state for nonpayment of taxes after the time allowed by law for redemption shall have expired, the public trust tidelands and of all other public lands belonging to or under the control of the state. The regulation, sale and disposition of all such lands shall be made through the Secretary of State's office.

The Secretary of State shall sign all conveyances and leases of any and all state-owned lands and shall record same in a book kept in his office for such purposes.

SECTION 15. Section 87-1-5, Mississippi Code of 1972, is amended as follows:

87-1-5. If any person, by playing at any game whatever, or by betting on the sides or hands of such as do play at any game, or by betting on any horse race or cockfight, or at any other sport or pastime, or by any wager whatever, shall lose any money, property, or other valuable thing, real or personal, and shall pay or deliver the same or any part thereof, the person so losing and paying or delivering the same, or his wife or children, may sue for and recover such money, property, or other valuable thing so lost and paid or delivered, or any part thereof, from the person knowingly receiving the same, with costs. However, this section shall not apply to betting, gaming or wagering:

(b) In a structure located in whole or in part on shore in any of the three (3) most southern counties in the State of Mississippi in which the registered voters of the county have voted to allow such betting, gaming or wagering on cruise vessels as provided in Section 19-3-79, if:

(i) The structure is owned, leased or controlled by a person possessing a gaming license, as defined in Section 75-76-5, to conduct legal gaming * * *on and before August 29, 2005, legal gaming could have been conducted by a person possessing a gaming license, as defined in Section 75-76-5, under paragraph (a) of this section, upon a docked cruise vessel * * * ~~under paragraph (a) of this section~~ in the waters within the State of Mississippi adjacent to the location of the proposed structure at the mean high water line (as defined in Section 29-15-1) referenced in and used pursuant to subparagraph (b)(ii) of this section;

(ii) The part of the structure in which licensed gaming activities are conducted is located entirely in an area which is located no more than eight hundred (800) feet from any and all points of reference along the mean high-water line (as defined in Section 29-15-1) of the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the Mississippi Sound at Harrison County only, no farther north than the southern boundary of the right-of-way for U.S. Highway 90, whichever is greater; and

(iii) In the case of a structure that is located in whole or part on shore, the part of the structure in which licensed gaming activities are conducted shall * * * be located on property which is owned and/or leased solely by the person described in subparagraph (b)(i) of this section possessing the gaming license, as defined in Section 75-76-5, all such owned and/or leased property shall be subject to the exclusive use, possession and control of such licensee and all such owned and/or leased property must be contiguously owned and/or leased by such licensee from the area upon which the structure is located to all points on the mean high-water line referenced and used pursuant to subparagraph (b)(ii) of this section; provided that no portion of such owned and/or leased property shall include any portion of the sand beach, no mean high-water line referenced and used pursuant to subparagraph (b)(ii) of this section may be located adjacent to any portion of the sand beach and such owned and/or leased property at its narrowest point may not be less in width than required to accommodate a cruise vessel. As used in this subparagraph (b)(iii), sand beach shall mean the natural or manmade sand beach along any natural coastline which lies adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay. An imaginary line drawn from any point along the mean high-water line referenced and used pursuant to subparagraph (b)(ii) of this section to any other point of reference to determine the legal location of the gaming floor in the structure must cross only property owned by and/or leased by and under the exclusive use, possession and control of, the person described in subparagraph (b)(i) of this section possessing a gaming license, as defined in Section 75-76-5. A project must meet the minimum size, minimum improvements and other such project requirements set forth in rules and regulations adopted by the commission as authorized by Section 75-76-33 and Section 75-76-77. Easements * * *~~and~~ for rights-of-way for public streets and highways shall not be construed to interrupt the contiguous nature of the parcel, nor shall the footage contained within the easements and rights-of-way be counted in the calculation of the distances specified in subparagraph (ii) * * *. of this section;

(c) On a vessel as defined in Section 27-109-1 whenever such vessel is on the Mississippi River or navigable waters within any county bordering on the Mississippi River; or

(d) That is legal under the laws of the State of Mississippi.

SECTION 16. Section 97-33-1, Mississippi Code of 1972, is amended as follows:

97-33-1. Except as otherwise provided in Section 97-33-8, if any person shall encourage, promote or play at any game, play or amusement, other than a fight or fighting match between dogs, for money or other valuable thing, or shall wager or bet, promote or encourage the wagering or betting of any money or other valuable things, upon any game, play, amusement, cockfight, Indian ball play or duel, other than a fight or fighting match between dogs, or upon the result of any election, event or contingency whatever, upon conviction thereof, he shall be fined in a sum not more than Five Hundred Dollars ($500.00); and, unless such fine and costs be immediately paid, shall be imprisoned for any period not more than ninety (90) days. However, this section shall not apply to betting, gaming or wagering:

(a) On a cruise vessel as defined in Section 27-109-1 whenever such vessel is in the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay, and in which the registered voters of the county in which the port is located have not voted to prohibit such betting, gaming or wagering on cruise vessels as provided in Section 19-3-79;

(b) In a structure located, in whole or in part, on shore in any of the three (3) most southern counties in the State of Mississippi in which the registered voters of the county have voted to allow such betting, gaming or wagering on cruise vessels as provided in Section 19-3-79, if:

(i) The structure is owned, leased or controlled by a person possessing a gaming license, as defined in Section 75-76-5, to conduct legal gaming * * *on and before August 29, 2005, legal gaming could have been conducted by a person possessing a gaming license, as defined in Section 75-76-5, under paragraph (a) of this section, upon a docked cruise vessel * * *~~under paragraph (a) of this section~~ in the waters within the State of Mississippi adjacent to the location of the proposed structure at the mean high-water line (as defined in Section 29-15-1) referenced in and used pursuant to subparagraph (b)(ii) of this section;

(iii) In the case of a structure that is located in whole or part on shore, the part of the structure in which licensed gaming activities are conducted shall * * * be located on property which is owned and/or leased solely by the person described in subparagraph (b)(i) of this section possessing the gaming license, as defined in Section 75-76-5, all such owned and/or leased property shall be subject to the exclusive use, possession and control of such licensee and all such owned and/or leased property must be contiguously owned and/or leased by such licensee from the area upon which the structure is located to all points on the mean high-water line referenced and used pursuant to subparagraph (b)(ii) of this section; provided that no portion of such owned and/or leased property shall include any portion of the sand beach, no mean high-water line referenced and used pursuant to subparagraph (b)(ii) of this section may be located adjacent to any portion of the sand beach and such owned and/or leased property at its narrowest point may not be less in width than required to accommodate a cruise vessel. As used in this subparagraph (b)(iii), sand beach shall mean the natural or manmade sand beach along any natural coastline which lies adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay. An imaginary line drawn from any point along the mean high-water line referenced and used pursuant to subparagraph (b)(ii) of this section to any other point of reference to determine the legal location of the gaming floor in the structure must cross only property owned by and/or leased by and under the exclusive use, possession and control of the person described in subparagraph (b)(i) of this section possessing a gaming license, as defined in Section 75-76-5. A project must meet the minimum size, minimum improvements and other such project requirements set forth in rules and regulations adopted by the commission as authorized by Section 75-76-33 and Section 75-76-77. Easements * * *~~and~~ for rights-of-way for public streets and highways shall not be construed to interrupt the contiguous nature of the parcel, nor shall the footage contained within the easements and rights-of-way be counted in the calculation of the distances specified in subparagraph (ii) of this section;

(c) On a vessel as defined in Section 27-109-1 whenever such vessel is on the Mississippi River or navigable waters within any county bordering on the Mississippi River, and in which the registered voters of the county in which the port is located have not voted to prohibit such betting, gaming or wagering on vessels as provided in Section 19-3-79; or

(d) That is legal under the laws of the State of Mississippi.

SECTION 17. Section 97-33-7, Mississippi Code of 1972, is amended as follows:

97-33-7. (1) Except as otherwise provided in Section 97-33-8, it shall be unlawful for any person or persons, firm, copartnership or corporation to have in possession, own, control, display, or operate any cane rack, knife rack, artful dodger, punch board, roll down, merchandise wheel, slot machine, pinball machine, or similar device or devices. Provided, however, that this section shall not be so construed as to make unlawful the ownership, possession, control, display or operation of any antique coin machine as defined in Section 27-27-12, or any music machine or bona fide automatic vending machine where the purchaser receives exactly the same quantity of merchandise on each operation of said machine. Any slot machine other than an antique coin machine as defined in Section 27-27-12 which delivers, or is so constructed as that by operation thereof it will deliver to the operator thereof anything of value in varying quantities, in addition to the merchandise received, and any slot machine other than an antique coin machine as defined in Section 27-27-12 that is constructed in such manner as that slugs, tokens, coins or similar devices are, or may be, used and delivered to the operator thereof in addition to merchandise of any sort contained in such machine, is hereby declared to be a gambling device, and shall be deemed unlawful under the provisions of this section. Provided, however, that pinball machines which do not return to the operator or player thereof anything but free additional games or plays shall not be deemed to be gambling devices, and neither this section nor any other law shall be construed to prohibit same.

(2) No property right shall exist in any person, natural or artificial, or be vested in such person, in any or all of the devices described herein that are not exempted from the provisions of this section; and all such devices are hereby declared to be at all times subject to confiscation and destruction, and their possession shall be unlawful, except when in the possession of officers carrying out the provisions of this section. It shall be the duty of all law enforcing officers to seize and immediately destroy all such machines and devices.

(3) A first violation of the provisions of this section shall be deemed a misdemeanor, and the party offending shall, upon conviction, be fined in any sum not exceeding Five Hundred Dollars ($500.00), or imprisoned not exceeding three (3) months, or both, in the discretion of the court. In the event of a second conviction for a violation of any of the provisions of this section, the party offending shall be subject to a sentence of not less than six (6) months in the county jail, nor more than two (2) years in the State Penitentiary, in the discretion of the trial court.

(4) Notwithstanding any provision of this section to the contrary, it shall not be unlawful to operate any equipment or device described in subsection (1) of this section or any gaming, gambling or similar device or devices by whatever name called while:

(i) The structure is owned, leased or controlled by a person possessing a gaming license, as defined in Section 75-76-5, to conduct legal gaming * * *on and before August 29, 2005, legal gaming could have been conducted by a person possessing a gaming license, as defined in Section 75-76-5, under paragraph (a) of this section, upon a docked cruise vessel * * *~~under paragraph (a) of this subsection~~ in the waters within the State of Mississippi adjacent to the location of the proposed structure at the mean high-water line (as defined in Section 29-15-1) referenced in and used pursuant to subparagraph (b)(ii) of this section;

(iii) In the case of a structure that is located in whole or part on shore, the part of the structure in which licensed gaming activities are conducted shall * * * be located on property which is owned and/or leased solely by the person described in subparagraph (b)(i) of this section possessing the gaming license, as defined in Section 75-76-5, all such owned and/or leased property shall be subject to the exclusive use, possession and control of such licensee and all such owned and/or leased property must be contiguously owned and/or leased by such licensee from the area upon which the structure is located to all points on the mean high-water line referenced and used pursuant to subparagraph (b)(ii) of this section; provided that no portion of such owned and/or leased property shall include any portion of the sand beach, no mean high-water line referenced and used pursuant to subparagraph (b)(ii) of this section may be located adjacent to any portion of the sand beach and such owned and/or leased property at its narrowest point may not be less in width than required to accommodate a cruise vessel. As used in this subparagraph (b)(iii), sand beach shall mean the natural or manmade sand beach along any natural coastline which lies adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay. An imaginary line drawn from any point along the mean high-water line referenced and used pursuant to subparagraph (b)(ii) of this section to any other point of reference to determine the legal location of the gaming floor in the structure must cross only property owned by and/or leased by and under the exclusive use, possession and control of the person described in subparagraph (b)(i) of this section possessing a gaming license, as defined in Section 75-76-5. A project must meet the minimum size, minimum improvements and other such project requirements set forth in rules and regulations adopted by the commission as authorized by Section 75-76-33 and Section 75-76-77. Easements * * *~~and~~ for rights-of-way for public streets and highways shall not be construed to interrupt the contiguous nature of the parcel, nor shall the footage contained within the easements and rights-of-way be counted in the calculation of the distances specified in subparagraph (ii) of this section;

(d) That is legal under the laws of the State of Mississippi.

(5) Notwithstanding any provision of this section to the contrary, it shall not be unlawful (a) to own, possess, repair or control any gambling device, machine or equipment in a licensed gaming establishment or on the business premises appurtenant to any such licensed gaming establishment during any period of time in which such licensed gaming establishment is being constructed, repaired, maintained or operated in this state; (b) to install any gambling device, machine or equipment in any licensed gaming establishment; (c) to possess or control any gambling device, machine or equipment during the process of procuring or transporting such device, machine or equipment for installation on any such licensed gaming establishment; or (d) to store in a warehouse or other storage facility any gambling device, machine, equipment, or part thereof, regardless of whether the county or municipality in which the warehouse or storage facility is located has approved gaming aboard cruise vessels or vessels, provided that such device, machine or equipment is operated only in a county or municipality that has approved gaming aboard cruise vessels or vessels. Any gambling device, machine or equipment that is owned, possessed, controlled, installed, procured, repaired, transported or stored in accordance with this subsection shall not be subject to confiscation, seizure or destruction, and any person, firm, partnership or corporation which owns, possesses, controls, installs, procures, repairs, transports or stores any gambling device, machine or equipment in accordance with this subsection shall not be subject to any prosecution or penalty under this section. Any person constructing or repairing such cruise vessels or vessels within a municipality shall comply with all municipal ordinances protecting the general health or safety of the residents of the municipality.

SECTION 18. Section 97-33-17, Mississippi Code of 1972, is amended as follows:

97-33-17. (1) All monies exhibited for the purpose of betting or alluring persons to bet at any game, and all monies staked or betted, shall be liable to seizure by any sheriff, constable, or police officer, together with all the appliances used or kept for use in gambling, or by any other person; and all the monies so seized shall be accounted for by the person making the seizure, and all appliances seized shall be destroyed; provided, however, this section shall not apply to betting, gaming or wagering on:

(a) A cruise vessel as defined in Section 27-109-1 whenever such vessel is in the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay, and in which the registered voters of the county in which the port is located have not voted to prohibit such betting, gaming or wagering on cruise vessels as provided in Section 19-3-79;

(i) The structure is owned, leased or controlled by a person possessing a gaming license, as defined in Section 75-76-5, to conduct legal gaming * * *on and before August 29, 2005, legal gaming could have been conducted by a person possessing a gaming license, as defined in Section 75-76-5, under paragraph (a) of this section, upon a docked cruise vessel * * *~~under paragraph (a) of this subsection~~ in the waters within the State of Mississippi adjacent to the location of the proposed structure at the mean high-water line (as defined in Section 29-15-1) referenced in and used pursuant to subparagraph (b)(ii) of this section;

(iii) In the case of a structure that is located in whole or part on shore, the part of the structure in which licensed gaming activities are conducted shall * * * be located on property which is owned and/or leased solely by the person described in subparagraph (b)(i) of this section possessing the gaming license, as defined in Section 75-76-5, all such owned and/or leased property shall be subject to the exclusive use, possession and control of such licensee and all such owned and/or leased property must be contiguously owned and/or leased by such licensee from the area upon which the structure is located to all points on the mean high-water line referenced and used pursuant to subparagraph (b)(ii) of this section; provided that no portion of such owned and/or leased property shall include any portion of the sand beach, no mean high-water line referenced and used pursuant to subparagraph (b)(ii) of this section may be located adjacent to any portion of the sand beach and such owned and/or leased property at its narrowest point may not be less in width than required to accommodate a cruise vessel. As used in this subparagraph (b)(iii), sand beach shall mean the natural or manmade sand beach along any natural coastline which lies adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay. An imaginary line drawn from any point along the mean high-water line referenced and used pursuant to subparagraph (b)(ii) of this section to any other point of reference to determine the legal location of the gaming floor in the structure must cross only property owned by and/or leased by and under the exclusive use, possession and control of the person described in subparagraph (b)(i) of this section possessing a gaming license, as defined in Section 75-76-5. A project must meet the minimum size, minimum improvements and other such project requirements set forth in rules and regulations adopted by the commission as authorized by Section 75-76-33 and Section 75-76-77. Easements * * *~~and~~ for rights-of-way for public streets and highways shall not be construed to interrupt the contiguous nature of the parcel, nor shall the footage contained within the easements and rights-of-way be counted in the calculation of the distances specified in subparagraph (ii) * * *. of this section;

(c) A vessel as defined in Section 27-109-1 whenever such vessel is on the Mississippi River or navigable waters within any county bordering on the Mississippi River, and in which the registered voters of the county in which the port is located have not voted to prohibit such betting, gaming or wagering on vessels as provided in Section 19-3-79; or

(d) That is legal under the laws of the State of Mississippi.

(2) Nothing in this section shall apply to any gambling device, machine or equipment that is owned, possessed, controlled, installed, procured, repaired or transported in accordance with subsection (4) of Section 97-33-7.

SECTION 19. Section 97-33-25, Mississippi Code of 1972, is amended as follows:

97-33-25. If any person shall sell or buy, either directly or indirectly, any chance in what is commonly called pool, upon any event whatever, or shall in any manner engage in such business or pastime, he shall be fined not more than Five Hundred Dollars ($500.00) or shall be imprisoned in the county jail not more than ninety (90) days; provided, however, this section shall not apply to betting, gaming or wagering:

(i) The structure is owned, leased or controlled by a person possessing a gaming license, as defined in Section 75-76-5, to conduct legal gaming * * *on and before August 29, 2005, legal gaming could have been conducted by a person possessing a gaming license, as defined in Section 75-76-5, under paragraph (a) of this section, upon a docked cruise vessel * * *~~under paragraph (a) of this section~~ in the waters within the State of Mississippi adjacent to the location of the proposed structure at the mean high-water line (as defined in Section 29-15-1) referenced in and used pursuant to subparagraph (b)(ii) of this section;

(iii) In the case of a structure that is located in whole or part on shore, the part of the structure in which licensed gaming activities are conducted shall * * * be located on property which is owned and/or leased solely by the person described in subparagraph (b)(i) of this section possessing the gaming license, as defined in Section 75-76-5, all such owned and/or leased property shall be subject to the exclusive use, possession and control of such licensee and all such owned and/or leased property must be contiguously owned and/or leased by such licensee from the area upon which the structure is located to all points on the mean high-water line referenced and used pursuant to subparagraph (b)(ii) of this section; provided that no portion of such owned and/or leased property shall include any portion of the sand beach, no mean high-water line referenced and used pursuant to subparagraph (b)(ii) of this section may be located adjacent to any portion of the sand beach and such owned and/or leased property at its narrowest point may not be less in width than required to accommodate a cruise vessel. As used in this subparagraph (b)(iii), sand beach shall mean the natural or manmade sand beach along any natural coastline which lies adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay. An imaginary line drawn from any point along the mean high-water line referenced and used pursuant to subparagraph (b)(ii) of this section to any other point of reference to determine the legal location of the gaming floor in the structure must cross only property owned by and/or leased by and under the exclusive use, possession and control of the person described in subparagraph (b)(i) of this section possessing a gaming license, as defined in Section 75-76-5. A project must meet the minimum size, minimum improvements and other such project requirements set forth in rules and regulations adopted by the commission as authorized by Section 75-76-33 and Section 75-76-77. Easements * * *~~and~~ for rights-of-way for public streets and highways shall not be construed to interrupt the contiguous nature of the parcel, nor shall the footage contained within the easements and rights-of-way be counted in the calculation of the distances specified in subparagraph (ii) * * *. of this section;

(d) That is legal under the laws of the State of Mississippi.

SECTION 20. Section 97-33-27, Mississippi Code of 1972, is amended as follows:

97-33-27. If any person shall bet on a horse race or a yacht race or on a shooting match, he shall be fined not more than Five Hundred Dollars ($500.00), and, unless the fine and costs be immediately paid, he shall be imprisoned in the county jail not more than ninety (90) days; provided, however, this section shall not apply to betting, gaming or wagering:

(i) The structure is owned, leased or controlled by a person possessing a gaming license, as defined in Section 75-76-5, to conduct legal gaming * * *on and before August 29, 2005, legal gaming could have been conducted by a person possessing a gaming license, as defined in Section 75-76-5, under paragraph (a) of this section, upon a docked cruise vessel * * *~~under paragraph (a) of this section~~ in the waters within the State of Mississippi adjacent to the location of the proposed structure at the mean high-water line (as defined in Section 29-15-1) referenced in and used pursuant to subparagraph (b)(ii) of this section;

(iii) In the case of a structure that is located in whole or part on shore, the part of the structure in which licensed gaming activities are conducted shall * * * be located on property which is owned and/or leased solely by the person described in subparagraph (b)(i) of this section possessing the gaming license, as defined in Section 75-76-5, all such owned and/or leased property shall be subject to the exclusive use, possession and control of such licensee and all such owned and/or leased property must be contiguously owned and/or leased by such licensee from the area upon which the structure is located to all points on the mean high-water line referenced and used pursuant to subparagraph (b)(ii) of this section; provided that no portion of such owned and/or leased property shall include any portion of the sand beach, no mean high-water line referenced and used pursuant to subparagraph (b)(ii) of this section may be located adjacent to any portion of the sand beach and such owned and/or leased property at its narrowest point may not be less in width than required to accommodate a cruise vessel. As used in this subparagraph (b)(iii), sand beach shall mean the natural or manmade sand beach along any natural coastline which lies adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay. An imaginary line drawn from any point along the mean high-water line referenced and used pursuant to subparagraph (b)(ii) of this section to any other point of reference to determine the legal location of the gaming floor in the structure must cross only property owned by and/or leased by and under the exclusive use, possession and control of the person described in subparagraph (b)(i) of this section possessing a gaming license, as defined in Section 75-76-5. A project must meet the minimum size, minimum improvements and other such project requirements set forth in rules and regulations adopted by the commission as authorized by Section 75-76-33 and Section 75-76-77. Easements * * *~~and~~ for rights-of-way for public streets and highways shall not be construed to interrupt the contiguous nature of the parcel, nor shall the footage contained within the easements and rights-of-way be counted in the calculation of the distances specified in subparagraph (ii) * * *. of this section;

(d) That is legal under the laws of the State of Mississippi.

SECTION 21. Section 29-15-7, Mississippi Code of 1972, is brought forward as follows:

29-15-7. (1) The Secretary of State, in cooperation with other state agencies, shall prepare a Preliminary Map of Public Trust Tidelands. The preliminary map shall depict the boundary as the current mean high water line where shoreline is undeveloped and in developed areas or where there have been encroachments, such maps shall depict the boundary as the determinable mean high water line nearest the effective date of the Coastal Wetlands Protection Act.

(2) The state recognizes that the boundary of the public trust tidelands is ambulatory and that the natural inland expansion of tide waters over land not previously subject to the ebb and flow of the tide increases the land subject to the public trust, while natural accretion, the gradual and imperceptible accumulation of land by natural causes, and natural reliction, the increase of land by permanent withdrawal or retrocession of tidal waters by natural causes, diminish the land subject to the public trust and increase the property owned by the contiguous upland owner. Likewise, the state recognizes the common law doctrine as it pertains to such tidelands, submerged lands and riparian and littoral rights and declares such to be the law of this state.

(3) The preliminary map shall be transmitted to each of the chancery clerks of the coastal counties, and each chancery clerk shall post such map in a public place in his office. The Secretary of State shall also cause to be published in a newspaper of general circulation within each coastal county a notice announcing that a copy of the Preliminary Map of Public Trust Tidelands is available for public inspection at the office of the chancery clerk of that county, and shall post a similar notice in at least three (3) public places in each coastal county in this state. The preliminary map shall also be open to public inspection at the office of the Secretary of State.

(4) The Secretary of State shall allow sixty (60) days after publication of the preliminary map for submission of comments and/or additional documentation and may, at his discretion, revise the map accordingly. Within twenty (20) days of the completion of the period for submission of comments, the Secretary of State shall have incorporated any revisions to the Preliminary Map of Public Trust Tidelands and certify its final adoption. The certified map as finally adopted shall be published as provided hereinabove. The final certified map shall be duly recorded in the land records of the chancery clerks office in Hancock, Harrison and Jackson Counties. Upon recordation, the certified map shall be final to those properties not subject to the trust. The Secretary of State shall issue to all consenting property owners a certificate stating that the described property does not lie within the boundary of the public trust tidelands and is not subject to the trust. The Secretary of State shall duly file such certificates with the proper chancery clerks office for recordation. In addition, the certified map shall be placed in the Secretary of State's permanent register which shall be open to public inspection. Within one hundred twenty (120) days of final adoption of the certified map, the Secretary of State shall determine those property owners whose lands are subject of the public trust and are in violation of such trust. The Secretary of State shall notify all such owners by certified mail and shall include an explanation of the procedure available to the occupant to resolve any dispute with respect to this map. The notice shall also inform occupants that after three (3) years the boundary as set forth in the certified map shall become final unless the occupant has submitted a contrary claim to the office of the Secretary of State. Such property owner shall have six (6) months to negotiate and settle differences with the Secretary of State. The Secretary of State may allow extensions at his discretion. A boundary determination shall be final upon agreement of the Secretary of State and the owner and an instrument setting forth the boundary agreement shall be duly executed and recorded in the chancery court where the property is located. Any such boundary agreement shall be binding on the state and other parties thereto.

(5) If any dispute as to the location of the boundary of the public trust cannot be negotiated and settled between the affected property owners and the Secretary of State within six (6) months after notice by the state of its claim, either the state or a person claiming an interest in the property may apply to the chancery court of the county in which the property is located for a resolution of the dispute and a determination of the location of the boundary. All persons having an interest in the property subject to the dispute shall be made a party to such proceeding. In any such action, the state shall have the burden of proof by a preponderance of evidence that any such land is subject to the trust.

(6) Nothing in this section is intended to preclude any party from pursuing remedies otherwise available at law, including but not limited to those provided in Sections 11-17-1 et seq., except that if no action is taken by the occupant within three (3) years of receipt of notice as described above, the boundary as determined by the certified map shall become final.

SECTION 22. Section 29-15-11, Mississippi Code of 1972, is brought forward as follows:

29-15-11. Upon the proper authorized leasing of any state public trust tidelands, or submerged lands, the lessee shall be responsible for any county or municipal tax levy upon the leasehold interest.

SECTION 23. Section 29-15-15, Mississippi Code of 1972, is brought forward as follows:

29-15-15. The Legislature hereby declares that accurate maps of coastal areas are required for many public purposes, and a state public trust tidelands mapping program establishing uniform standards and procedures is declared to be in the public interest.

SECTION 24. Section 29-15-17, Mississippi Code of 1972, is brought forward as follows:

29-15-17. (1) After the preparation and publication of the certified preliminary map, as finally adopted and provided for in Section 29-15-7, the commission is authorized and directed to conduct a comprehensive program of public trust tidelands boundary mapping with the object of providing accurate surveys of such lands of the state.

(2) In addition to other such powers as may be specifically delegated to it, the commission is authorized to perform the following functions:

(a) To coordinate the efforts of all public and private agencies and organizations engaged in the making of tidal surveys and maps of the coastal areas of this state, with the object of avoiding unnecessary duplication and overlapping;

(b) To serve as a coordinating state agency for any program of tidal surveying and mapping conducted by the federal government;

(c) To assist any court, tribunal, administrative agency or political subdivision, and to make available to them information regarding tidal surveying and coastal boundary determinations;

(d) To contract with federal, state or local agencies or with private parties for the performance of any surveys, studies, investigations or mapping activities, for preparation and publication of the results thereof, or for other authorized functions relating to the objectives of this part;

(e) To develop permanent records of tidal surveys and maps of the state's coastal areas;

(f) To develop uniform specifications and regulations for tidal surveying and mapping coastal areas of the state;

(g) To collect and preserve appropriate survey data from coastal areas; and

(h) To act as a public repository for copies of coastal area maps and to establish a library of such maps and charts.

SECTION 25. Section 29-15-19, Mississippi Code of 1972, is brought forward as follows:

29-15-19. All maps produced under this program shall conform at least to minimal national map accuracy standards.

SECTION 26. Section 29-15-21, Mississippi Code of 1972, is brought forward as follows:

29-15-21. The establishment of local tidal datums and the determination of the location of the mean high water line or the mean low water line, whether by federal, state or local agencies or private parties, shall be made in accordance with the standards and procedures set forth in this chapter, and in accordance with supplementary regulations promulgated by the commission.

SECTION 27. Section 29-15-23, Mississippi Code of 1972, is brought forward as follows:

29-15-23. (1) The establishment of local tidal datums and the determination of the location of the mean high water line or the mean low water line shall be performed by qualified personnel licensed by the Board of Professional Land Surveyors or by representatives of the United States Government when approved by the commission.

(2) The location of the mean high water line or the mean low water line shall be determined by methods which are approved by the commission for the area concerned.

SECTION 28. Section 59-15-3, Mississippi Code of 1972, is brought forward as follows:

59-15-3. All improvements and facilities constructed pursuant to this chapter shall be maintained and operated under the control of the city authorities. The city authorities of such city, or cities, shall, subject to and in accordance with any agreement, or agreements, as may be made by any such city with the purchaser, or purchasers, of bonds or other obligations issued pursuant to this chapter, prescribe, levy and collect all rent, fees, tolls, revenues, privileges, commissions, and other charges in connection with the operation, use and occupancy of the aforesaid improvements and facilities, and shall pay over all net revenues derived from the operation of said improvements and facilities to any trustee or successor thereto designated as hereinafter in this chapter provided. The net revenues shall be deemed to be such as may be defined in any agreement, or agreements, entered into between any such city, and the purchaser, or purchasers, of any bonds or other obligations issued pursuant to this chapter. The authorities of any such city, or cities, shall make a financial report to the said trustee annually of the operation of the aforesaid improvements and facilities.

SECTION 29. Section 59-15-5, Mississippi Code of 1972, is brought forward as follows:

59-15-5. In connection with the issuance of bonds or other obligations by any municipality pursuant to this chapter or in order to secure the payment of said bonds or other obligations, such municipality shall have power:

(a) To accept grants from the United States of America, the President of the United States, or such agencies, instrumentalities or corporations as may be designated or created to make grants or loans (hereinafter termed "federal agency") pursuant to any act of the Congress of the United States providing for the construction of useful public works for or in aid of work, development authorized by this chapter.

(b) To make such contracts and execute such instruments containing such provisions, covenants and conditions as in the discretion of the authorities of any such municipalities may be necessary, proper or advisable for the purpose of obtaining or securing grants, loans, or other financial assistance from any federal agency pursuant to any act of Congress of the United States, to make such further, different or additional contracts and execute all instruments necessary or convenient in or for the furtherance of any work, development or improvement, including but not limited to all property real and personal appurtenant thereto or connected therewith and the existing work, development or improvement, if any, to which the work, development or improvement authorized by this chapter is an extension, addition, betterment or embellishment (hereinafter termed "work, development or improvement"), to carry out and perform the terms and conditions of any such contract or instrument.

(c) To pledge all or any part of the fees, rents, tolls, revenues or other charges received or receivable by such municipality from any work, development or improvement to which its right then exists or the right to which may thereafter come into existence.

(d) To covenant against the pledging of all or any part of the fees, rents, tolls, revenues or other charges received or receivable by such municipality from any work, development or improvement to which its right then exists or the right to which may thereafter come into existence so long as any of the bonds or other obligations issued under the provisions of this chapter remain unpaid.

(e) To covenant against the incumbering of all or any part of any work, development or improvement or against permitting or suffering any lien thereon so long as any of the bonds or other obligations issued under the provisions of this chapter remain unpaid.

(f) To covenant as to what other or additional debt may be incurred by such municipality.

(g) To provide for the preparation, specifications, terms, form, registration, extension, execution and authentication of any bonds or other obligations issued pursuant to this chapter.

(h) To provide for the replacement of lost, destroyed or mutilated bonds or other obligations issued pursuant to this chapter.

(i) To covenant as to the fees, rents, revenues, concessions or tolls to be charged, the amount to be raised each year or other period of time and as to the use and disbursement to be made thereof.

(j) To covenant to set aside or to pay over reserves and sinking funds and as to the disposal thereof.

(k) To redeem prior to maturity, with or without premium, bonds or other obligations issued pursuant to this chapter and to covenant for their prior redemption and to provide the terms and conditions thereof.

(l) To covenant against extending the time for the payment of the interest on or principal of the bonds or other obligations issued pursuant to this chapter directly or indirectly by any means or in any manner.

(m) To covenant as to books of account of such municipality and as to the inspection and audit thereof and as to the accounting methods.

(n) To covenant as to the rights, liabilities, powers and duties arising upon the breach by such municipality of any covenant, condition or obligation assumed pursuant to this chapter.

(o) To make such covenants and do any and all such acts and things as may be necessary, convenient or desirable in order to secure any bonds or other obligations issued pursuant to this chapter or in the absolute discretion of the authorities of such municipality in order to make such bonds or other obligations more marketable, notwithstanding that such covenants, acts, or things may not be enumerated herein or expressly authorized herein; it being the intention hereby to give the authorities of any municipality issuing bonds or other obligations pursuant to this chapter the power to do all things in the issuance of said bonds or other obligations and for their execution that may not be inconsistent with the constitution of the State of Mississippi.

SECTION 30. Section 59-15-7, Mississippi Code of 1972, is brought forward as follows:

59-15-7. Any city as is described in Section 59-15-1, is hereby given authority, upon the adoption of a resolution to such effect, to issue bonds or other obligations for any or all of the purposes as in this chapter herein provided; but such bonds or other obligations shall not be issued unless and until the governing authorities of the municipality are first authorized and requested so to do by a petition signed by not less than seventy-five per cent of the qualified electors of the municipality, or until authorized so to do by two-thirds of the qualified electors of the municipality who vote in an election called for that purpose. Said petition, or the ballot used in such election, as the case may be, shall disclose the purposes for which said funds are sought, and all funds derived thereunder shall be kept in a separate account by the municipality and shall be used solely for the purposes set forth in said petition, or upon the aforesaid ballot, as the case may be. The books of accounts and other sources of information pertaining to duties under the provisions of this chapter of any such city shall be and remain at all times open to inspection and subject to audit by the holder or holders of any bonds or other obligations issued pursuant to this chapter.

SECTION 31. Section 59-15-9, Mississippi Code of 1972, is brought forward as follows:

59-15-9. The bonds or other obligations issued by any municipality of the State of Mississippi pursuant to the provisions of this chapter shall be secured as to payment as hereinafter in this chapter provided, and in addition thereto shall be secured as to payment by the full faith and credit of the municipality issuing the same, and the governing authorities of such municipality shall annually levy a tax on all the taxable property of such municipality sufficient to produce an amount, which, when added to the net revenues hereinafter in this chapter authorized to be pledged for the payment thereof, will be sufficient to pay all interest and principal of such bonds which may mature during such annual period. Such bonds or other obligations so issued, being additionally secured as to payment as hereinafter in this chapter provided, shall not be construed as a debt within the meaning of any statutory limitation as to the amount of which may be incurred by any such municipality.

SECTION 32. Section 59-15-11, Mississippi Code of 1972, is brought forward as follows:

59-15-11. The power to issue bonds or other obligations authorized by Sections 59-15-1 through 59-15-9, shall be vested in, and may be exercised from time to time by, the governing body of any municipality described in said sections. Such bonds or other obligations shall be authorized by resolution of the governing body of any such municipality and shall bear such date or dates, mature at such time or times, not exceeding twenty-five years from their respective dates, bear interest at such rate or rates, not exceeding four per centum per annum, be in such denomination, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of prior redemption, with or without premium as such resolution or resolutions may provide. Such bonds or other obligations may be sold at public or private sale for such price or prices as the governing body of such municipality shall determine, provided that the interest cost to maturity of the money received from any issue of said bonds or other obligations shall not exceed four per centum per annum. Such bonds or other obligations may be issued by any municipality described in Sections 59-15-1 through 59-15-9 in a principal amount not exceeding in the aggregate One Hundred Thousand Dollars ($100,000.00), for any purpose or purposes authorized by said sections. Such municipality shall have power out of any funds available to purchase any bonds or other obligations issued by it pursuant to this chapter, and all bonds or other obligations so purchased shall be canceled and no bonds or other obligations shall be issued in lieu thereof. In anticipation of the issuance of the definitive bonds authorized by this chapter, any such municipality may issue interim certificates. Such interim certificates shall be in such form, contain such terms, conditions or provisions, bear such date or dates, and evidence such agreement or agreements relating to their discharge by payment or by the delivery of the definitive bonds, as such municipality by resolution of its governing body may determine. Any bonds, interim certificates or other obligations issued pursuant to this chapter shall be fully negotiable within the meaning and for all the purposes of the Mississippi Uniform Commercial Code.

SECTION 33. Section 59-15-13, Mississippi Code of 1972, is brought forward as follows:

59-15-13. The proceeds from the sale of any bonds or other obligations issued pursuant to this chapter shall be placed to the credit of the municipality issuing such bonds in a bank or banks which are members of the Federal Reserve System and may be withdrawn therefrom in accordance with any agreement or agreements entered into between such municipality and the purchaser or purchasers of such bonds or other obligations and shall be used for no other purpose than the purpose or purposes set forth in the original resolution of the governing body of such municipality. Any officer or other person diverting or assisting to divert any such funds to any other purpose or purposes than the purpose or purposes originally set forth in said resolution of the governing body of such municipality shall be guilty of a felony and punishable accordingly, and shall be liable both personally and on official bond for such diversion. Nothing in this chapter shall be construed as a guarantee on the part of such city to pay the principal of or interest on any bonds or other obligations issued pursuant to this chapter.

SECTION 34. Section 59-15-15, Mississippi Code of 1972, is brought forward as follows:

59-15-15. Any municipality issuing bonds or other obligations pursuant to this chapter by resolution or resolutions duly adopted, is hereby given authority to execute and deliver a mortgage or deed of trust on any or all lands, properties, improvements and facilities, the acquisition, construction, maintenance or operation of which are provided for by this chapter. Such resolution or resolutions of such municipality shall prescribe the provisions, covenants and conditions of any such mortgage or deed of trust. Such provisions, covenants and conditions, if not self-executing, may be enforced by appropriate proceedings, either in law or in equity.

SECTION 35. Section 59-15-17, Mississippi Code of 1972, is brought forward as follows:

59-15-17. Bonds or other obligations issued pursuant to this chapter and any interest thereon or income therefrom shall be exempt from all taxation, except gift, transfer or inheritance taxes, in so far as may be within the power of the State of Mississippi so to provide.

SECTION 36. Section 59-15-19, Mississippi Code of 1972, is brought forward as follows:

59-15-19. Any municipality issuing bonds or other obligations pursuant to this chapter shall, so long as any such bonds or other obligations remain outstanding and unpaid, by resolution or resolutions duly adopted, authorize and appoint a trustee, satisfactory to the purchaser or purchasers of any bonds or other obligations issued pursuant to this chapter, or any successor thereto, with the following powers and duties:

(a) Such trustee so appointed, or any successor thereto, shall receive and receipt for all money paid or to be paid to it in accordance with Section 59-15-3, constituting the net revenues derived from the operation of the improvements and facilities authorized by this chapter;

(b) Such trustee so appointed, or any successor thereto, shall deposit all money received or to be received, in a special account or accounts in a bank or banks which are members of the Federal Reserve System, with such provisions for security therefor as may be incorporated in any agreement or agreements entered into between any such municipality and the purchaser or purchasers of any such bonds or other obligations;

(c) Such trustee so appointed, or any successor thereto, shall use and apply all such money so received to the payment of principal of and interest on any bonds or other obligations issued by any municipality pursuant to this chapter, as the same become due, and shall use and apply any surplus remaining after such payment or payments for the prior redemption, with or without premium, of bonds or other obligations issued by any municipality pursuant to this chapter, or in accordance with the provisions of any agreement or agreements as may be made between any municipality issuing bonds or other obligations pursuant to this chapter and the purchaser or purchasers of such bonds or other obligations;

(d) Such trustee so appointed, or any successor thereto, shall have and be vested with all rights, powers and duties, in addition to the foregoing, as may be provided for in any agreement or agreements between any municipality issuing bonds or other obligations pursuant to this chapter and the purchaser or purchasers of such bonds or other obligations;

(e) Such trustee so appointed, or any successor thereto, shall by an instrument in writing, accept such trust and shall file such written acceptance of such trust with the clerk of the municipality so appointing such trustee;

(f) If such trustee so appointed, or any successor thereto, shall die, fail, neglect or refuse to perform any of the duties herein imposed or that may be imposed by reason of any of the provisions of any agreement or agreements as aforesaid, such trustee, or any successor thereto, shall, on the written request of the holder or holders of twenty per centum or more in aggregate principal amount of bonds or other obligations issued pursuant to this chapter then outstanding and unpaid, be removed, by resolution duly adopted by the municipality by which such trustee, or any successor thereto, was appointed; and in such event, it shall be the duty of any such trustee so removed to effectuate a valid transfer of all money then in the possession or under the control of such trustee so removed to a duly appointed successor, and a failure on the part of such trustee so removed to do so shall constitute an embezzlement of such money and shall be punishable accordingly;

(g) In the event any such trustee so appointed, or any successor thereto, shall die or be removed as hereinabove provided, it shall be the duty of any such municipality immediately by resolution duly adopted to appoint a trustee, as successor thereto, who is satisfactory to said holder or holders of twenty per centum or more in aggregate principal amount of bonds or other obligations issued pursuant to this chapter then outstanding and unpaid.

SECTION 37. Section 59-7-1, Mississippi Code of 1972, is brought forward as follows:

59-7-1. In all counties in the State of Mississippi in which there is located a harbor or port of entry where commodities are exported to foreign nations, and where there is maintained a channel and/or harbor or port to a depth of not less than twenty feet, the tax collector of said county shall pay into the county depository, the amount of two mills of all ad valorem taxes due by said county to the State of Mississippi which is collected by the tax collector of said county or which may be collected by any other lawful taxing agency of such county and state for such county.

SECTION 38. Section 59-7-3, Mississippi Code of 1972, is brought forward as follows:

59-7-3. The board of supervisors of the county or counties designated in section 59-7-1 shall place all money so retained and collected in the county depository in the county to the credit of a fund which shall be known as a port fund, and such fund so deposited shall be used only for the maintenance, construction, promotion, advertising and general advancement of the port of entry so located in said county, and the fund shall be expended by the board of supervisors of the county for the maintenance, construction, promotion, advertisement, and general advancement of any port or ports of entry in said county or counties and the payment of any outstanding bonds and interest thereon heretofore or hereafter issued for port purposes by any municipality in which said port or ports are located as hereinafter provided.

SECTION 39. Section 59-7-5, Mississippi Code of 1972, is brought forward as follows:

59-7-5. The authorities of any municipality in which there is situated and located, in whole or in part, a port of entry through which commodities are imported and exported to foreign nations, which maintains a channel and/or harbor to a depth of not less than twenty feet, are hereby given the authority to engage in, through the agency hereinafter provided and designated and such other agencies as hereinafter may be provided by law, work of internal improvement, or promoting, developing, constructing, maintaining, and operating harbors or seaports within the state and its jurisdiction, acting through the commission hereinafter provided for, shall have the power to acquire, purchase, install, lease, construct, own, hold, maintain, equip, use, control and operate at seaports, wharves, piers, docks, quays, grain elevators, cotton compresses, warehouses and other water and rail terminals and other structures, and facilities needful for the convenient use of the same in the aid of commerce including the dredging of approaches thereto, provided that such work on improvements and facilities shall always be and remain under the management and control of said municipality through the governing agency hereinafter provided and designated, or other such governing agency or agencies as hereinafter may be provided by law. The entire cost of the said municipality of engaging in such work or development shall not exceed the sum of One Million Dollars ($1,000,000.00).

SECTION 40. Section 59-7-7, Mississippi Code of 1972, is brought forward as follows:

59-7-7. All improvements, constructed by and under the provisions of this article, shall be operated under the control of a port commission as provided in Chapter 1 of this title. All revenue created or collected from the use of said docks, harbors and facilities of whatsoever nature shall be paid into the city treasury of said port of entry to be used exclusively for the advancement, development and advertising of said port in whatsoever method or manner said port commissioners shall see fit, and all revenue provided for in this article, either by levy or collection from said docks and harbor facilities may be paid to the retirement of any bonds heretofore issued or hereafter issued by any such municipality for wharf construction or other port purposes, regardless of the time of issuance of such bonds. Said port commissioners of said port of entry shall make an annual report to the Governor of the State of Mississippi, to the State Legislature, to the board of supervisors, and to the municipal governing authorities.

SECTION 41. Section 59-7-9, Mississippi Code of 1972, is brought forward as follows:

59-7-9. All monies accruing by virtue of this article, either through revenues, tariffs, or bonds, or through other sources, shall be expended at the direction of the port commission appointed for any port of entry, as designated herein, and any bond issue hereunder by any municipality, coming under the provisions of this article, shall be exclusive of any and all other bonds issued by said municipality, and the same shall not be limited as now provided by law.

SECTION 42. Section 59-7-11, Mississippi Code of 1972, is brought forward as follows:

59-7-11. The authorities of any municipality in which there is situated and located in whole or in part a port of entry through which commodities are imported or exported are hereby given authority to issue bonds or other obligations to construct all needful improvement or improvements in harbors within their corporate limits, and including the deepening of any part of said harbor or extending, enlarging and adding to the same by dredging of any part of said harbor or extending inland, to acquire, construct, repair and improve public wharves and docks of said municipality in connection with said harbor; to own, construct, lease and maintain sheds, warehouses, elevators, compresses and other works of public improvement, including roadways or rail trackage necessary or useful for such port, harbor and/or docks and wharf purposes.

SECTION 43. Section 59-7-13, Mississippi Code of 1972, is brought forward as follows:

59-7-13. All of the bonds issued pursuant to the authority set forth in Section 59-7-11 shall be lithographed or engraved, and printed in two (2) or more colors, to prevent counterfeiting, and shall be in sums not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) each, and shall be registered as issued, be numbered in a regular series from one (1) upward, be signed by the mayor and countersigned by the clerk who shall impress the municipal seal upon each bond as it is issued; and every bond shall specify on its face the purpose for which it was issued; and the total amount authorized to be issued and each shall be payable to bearer. All such monies above referred to, as retained by the boards of supervisors, shall first be appropriated by the boards of supervisors for the payment of interest and sinking fund for any and all bonds issued by the municipality for port purposes and the balance, if any, shall be expended by the boards of supervisors by and under the direction and advice of the port commission of said municipality. However, in case there is not sufficient money to pay the interest and sinking funds on said bonds, the corporate authorities of municipalities issuing said bonds shall levy annually a special levy to be used exclusively in paying the interest on each bond and bonds maturing within the year providing a sinking fund for the redemption of the bonds issued. However, such tax levy shall not be made by municipalities to pay bonds, nor the interest thereon, issued under Article 7 of this chapter.

Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the Registered Bond Act, being Sections 31-21-1 through 31-21-7.

SECTION 44. Section 59-7-15, Mississippi Code of 1972, is brought forward as follows:

59-7-15. Before issuing the bonds authorized by Section 59-7-11, the corporate authorities shall by resolution spread upon the minutes, declare their intention of issuing said bonds, fixing in said resolution the maximum amount thereof, and the purpose for which they are issued and where an election is required shall fix in such resolution a date upon which an election shall be held in said municipality, of which not less than three (3) weeks' notice shall be given by the clerk by a notice published in a newspaper published in said municipality once a week for three (3) weeks preceding said election at three (3) public places in said municipality. Such election shall be held as far as practicable, as other elections are held in municipalities.

SECTION 45. Section 59-7-17, Mississippi Code of 1972, is brought forward as follows:

59-7-17. At an election required by Section 59-7-15, all qualified electors of said municipality may vote, and the ballots used shall have printed thereon a brief statement of the amount and purpose of the proposed bond issue and the words, "For the bond issue," and the words, "Against the bond issue," and the voter shall vote by placing a cross (X) opposite his choice of the proposition. In cities of less than twelve thousand inhabitants, when the amount to be issued is not more than Thirty Thousand Dollars the corporate authorities shall publish the resolution in some newspaper published in the county for three full consecutive weeks as herein provided, declaring their intention to issue said bonds, giving the day and date upon which said bonds are to be issued and if twenty percent of the qualified electors of the municipality file a written protest against the issuance of said bonds, on or before said date, then an election shall be had as herein provided, and if no protest shall be filed, said bonds shall be issued without an election.

SECTION 46. Section 59-7-19, Mississippi Code of 1972, is brought forward as follows:

59-7-19. Should the election provided for in Sections 59-7-15 and 59-7-17 result in favor of the issuance of the bonds, the corporate authorities may issue said bonds, either in whole or in part within one (1) year after the date of such election or within one (1) year after final favorable determination of any litigation affecting such bonds, as may be deemed best, and should the bonds be issued by the municipalities without an election therefor as provided. All bonds shall mature annually, with all maturities not longer than twenty (20) years, with not less than one-fiftieth (1/50) of the total issue to mature each year during the first five (5) years of the life of said bonds, and not less than one-twenty-fifth (1/25) of the said total issue to mature annually during the succeeding ten-year period of the life of said bonds, and the remainder to be divided into approximately equal payments, one (1) payment to mature during each year of the remaining life of the bonds. Said bonds shall not bear a greater rate of interest than that allowed in Section 75-17-101, Mississippi Code of 1972, payable semiannually, the denomination and form and place of payment to be fixed in the ordinance of the corporate authorities issuing said bonds, and they shall be prepared and signed by the mayor and clerk of said municipality with the seal of the municipality affixed thereto, but the coupons may only bear a facsimile signature of such mayor and clerk. Such bonds, when issued, shall constitute a lien on all the taxable property in such municipality and county and the corporate authorities shall annually levy a special tax on all such property sufficient to pay the principal and interest of such bonds as the same falls due, if there not be sufficient funds provided herein.

SECTION 47. Section 59-7-21, Mississippi Code of 1972, is brought forward as follows:

59-7-21. The proceeds of any bonds issued under the authority of this article shall be placed in the municipal treasury or depository, if there be one, as a special fund and shall be used for no other purpose than the purpose set forth in the original resolution of the corporate authorities of such municipality, and any officer diverting or assisting to divert any such funds to any other purpose than the purpose originally set forth in said resolution of the corporate authorities of said municipality shall be guilty of a misdemeanor and punishable accordingly, and shall be liable both personally and on his official bond for such diversion. Nothing in this article shall be construed as a guarantee on the part of the State of Mississippi to pay the interest or principal on any bonds issued under this article.

SECTION 48. Section 59-7-101, Mississippi Code of 1972, is brought forward as follows:

59-7-101. This article is supplementary and in addition to Article 1 of this chapter, and shall not apply to any county or counties of the state already receiving two mills of the state ad valorem taxes for port or harbor purposes.

SECTION 49. Section 59-7-103, Mississippi Code of 1972, is brought forward as follows:

59-7-103. (1) In order to provide for the improvement, promotion, development, construction, maintenance and operation of harbors or ports in counties having or hereafter providing harbors or ports where wharf or terminal or other facilities exist for the handling of inbound or outbound waterborne cargo moving in interstate or foreign commerce and where there is maintained a channel, harbor or port with a depth of not less than nine (9) feet, there shall be and there is hereby created in each such county electing to exercise the provisions of this article a special fund to be known as the "Port Fund," into which payments shall be made as follows:

(a) The tax collector of each such county electing to come under this article shall deduct from all state ad valorem taxes collected by him a sum equal to the avails of a levy of two (2) mills on the dollar of the assessed valuation of taxable property within such county upon which state ad valorem taxes are levied and collected. The amount so deducted shall be set aside by the tax collector and shall by him be paid into the said port fund of such county. Such payments shall be continued as long as there remains unpaid and outstanding any bonded indebtedness created by the board of supervisors of such county as hereinafter provided.

(b) The board of supervisors of each such county electing to exercise the provisions of this article shall pay or cause to be paid into the aforesaid port fund a sum equal to one-fourth (1/4) of the sum paid into said fund under subsection (a) above and such payments shall be continued as long as there remains unpaid and outstanding any bonded indebtedness created by such board of supervisors as hereinafter provided. Any such board of supervisors shall provide the sum herein required either by appropriation from any available funds of the county or by the levy, in addition to all other county taxes, of a tax of not more than two (2) mills on the dollar of the assessed valuation of taxable property within such county upon which taxes for the general county fund are levied and collected. In case of a special tax levy as herein authorized, the tax collector of each such county shall set aside the avails of such levy and shall pay the same directly into the port fund of such county.

(c) The port commission hereinafter provided for shall pay into the port fund all of the revenues of whatsoever nature which may be derived from or through the use of the harbor, port, wharf or terminal facilities under its jurisdiction as hereinafter provided.

(2) In order to come within the provisions of this article, the board of supervisors of any such county shall, by appropriate resolution spread upon its minutes, declare its intention so to do and shall annually provide for the necessary matching county funds. A certified copy of such resolution shall be filed with the tax collector of such county and shall constitute his authority to set aside the taxes hereinabove referred to and to pay the same into the aforesaid port fund.

Provided further, that any county in the State of Mississippi through which a river or other stream flows, and which stream is classed as navigable and maintained as such by any agency of the federal government, and wherein harbors, wharves, ports, terminals or other facilities exist or are proposed or established hereafter for the handling of inbound or outbound waterborne cargo moving in interstate or foreign commerce, and where there is maintained a channel, harbor or port of such depth necessary for said purposes, then in such event such county may come under the provisions of this article if and when its application to come under the provisions of this article is approved by the Mississippi Board of Economic Development, which board shall adjudicate and determine the feasibility of said project so applied for and whether or not it is economically feasible. Certified copies of the order of said board shall be filed with the Auditor of Public Accounts and the tax collector of such county affected.

SECTION 50. Section 59-7-105, Mississippi Code of 1972, is brought forward as follows:

59-7-105. To provide additional or supplemental funds for the aforesaid purposes, and in connection therewith to acquire and develop water, air and rail terminals, rail lines, and such other structures, facilities, lands, property or rights therein needful for the convenient use of the same in the aid of commerce, and land for industrial operations, including the establishment and development of industrial parks, as provided in Section 59-9-17 and related sections, the board of supervisors of any such county may issue bonds of such county in an amount not exceeding the principal sum of Eleven Million Dollars ($11,000,000.00). No county shall issue bonds under the provisions of this article which will result in outstanding bonded indebtedness incurred under the provisions of this article in excess of Eight Million Dollars ($8,000,000.00) unless and until the question of the issuance of such bonds shall have been submitted to and approved by a majority of the qualified electors of the county voting in an election called and held for the purpose of considering whether or not such bonds should be issued. The first Six Million Dollars ($6,000,000.00) in aggregate original principal amount of bonds issued under authority of this article shall not be included in computing any present or future debt limit of such county under any present or future law.

SECTION 51. Section 59-7-107, Mississippi Code of 1972, is brought forward as follows:

59-7-107. All bonds authorized by Section 59-7-105 shall be negotiable instruments within the meaning of the Mississippi Uniform Commercial Code, shall be lithographed or engraved, and printed in two (2) or more colors, to prevent counterfeiting, shall be registered as issued, shall be numbered in a regular series from one (1) upward, and each bond shall specify on its face the purpose for which it was issued and the total amount authorized to be issued, shall be payable to bearer, and the interest to accrue thereon shall be evidenced by proper coupons to be attached thereto. Such bonds shall be executed by the manual or facsimile signature of the president of the board of supervisors, or the vice president in the absence or disability of the president, and countersigned by the manual or facsimile signature of the clerk thereof, with the official seal of the county affixed thereto. At least one (1) signature on each bond shall be a manual signature, as specified in the issuing resolution. The coupons may bear only the facsimile signatures of such president, or vice president and clerk. All such bonds shall be sold at public sale as provided by law, and no such bonds shall be issued and sold for less than par and accrued interest, and not more than one (1) series of interest coupons shall be attached to any such bonds. All interest accruing on such bonds shall be payable semiannually, except that the first interest coupon attached to any such bond may represent interest for any period not exceeding one (1) year.

SECTION 52. Section 59-7-109, Mississippi Code of 1972, is brought forward as follows:

59-7-109. All bonds authorized by Section 59-7-105 shall mature annually, with all maturities not longer than twenty (20) years, with not less than one-fiftieth (1/50) of the total issue to mature each year during the first five (5) years of the life of such bonds, not less than one-twenty-fifth (1/25) of the total issue to mature each year during the succeeding ten-year period of the life of such bonds, and the remainder to be divided into approximately equal annual payments, one (1) payment to mature each year for the remaining life of such bonds. Such bonds shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-101, Mississippi Code of 1972. The denomination, form and place or places of payment of such bonds shall be fixed in the resolution or order of the board of supervisors issuing such bonds.

No interest payment shall be evidenced by more than one (1) coupon, and neither cancelled nor supplemental coupons shall be permitted. The lowest interest rate specified for any bonds issued shall not be less than sixty percent (60%) of the highest interest rate specified for the same bond issue. The interest rate of any one (1) interest coupon shall not exceed the maximum interest rate allowed on such bonds.

Each interest rate specified in any bid must be in multiples of one-eighth of one percent (1/8 of 1%) or in multiples of one-tenth of one percent (1/10 of 1%), and a zero rate of interest cannot be named.

SECTION 53. Section 59-7-111, Mississippi Code of 1972, is brought forward as follows:

59-7-111. The board of supervisors of any county which shall have issued bonds under the provisions of this article shall, unless there be sufficient funds otherwise available therefor in the port bonds interest and sinking fund, annually levy a special tax upon all of the taxable property within such county at a rate which shall be sufficient to provide for the payment of the principal of and the interest on such bonds according to the terms thereof. All taxes thus collected shall be credited to a special fund in the county treasury of such county to be known and designated as the "port bonds interest and sinking fund," and all sums credited to said fund shall be used to pay such bonds as they mature and the interest thereon as it accrues, and for no other purpose. It shall be the mandatory duty of such board of supervisors to transfer funds from said port fund to the port bonds interest and sinking fund in amounts sufficient to pay maturing principal and accruing interest on bonds issued hereunder, if balances standing to the credit of said port fund are sufficient for that purpose. To the extent that funds are thus made available for the payment of such bonds and the interest thereon, the special tax levy hereinabove provided for may be correspondingly reduced. The said bonds nevertheless shall be general obligations of the county issuing the same, and the full faith, credit and resources of such county shall be pledged to the payment thereof and the interest thereon.

SECTION 54. Section 59-7-113, Mississippi Code of 1972, is brought forward as follows:

59-7-113. Before issuing any bonds for any of the purposes herein enumerated, the board of supervisors shall adopt a resolution declaring its intention so to do, stating the amount of bonds proposed to be issued and the purpose for which the bonds are to be issued, and the date upon which the board proposes to direct the issuance of such bonds. Such resolution shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper published in such county. The first publication of such resolution shall be made not less than twenty-one (21) days prior to the date fixed in such resolution for the issuance of the bonds, and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper be published in such county, then such notice shall be given by publishing the resolution for the required time in some newspaper having a general circulation in such county and, in addition, by posting a copy of such resolution for at least twenty-one (21) days next preceding the date fixed therein at three (3) public places in such county. If twenty percent (20%) of the qualified electors of the county shall file a written protest against the issuance of such bonds on or before the date specified in such resolution, then an election on the question of the issuance of such bonds shall be called and held as is herein provided. If no such protest be filed, then such bonds may be issued without an election on the question of the issuance thereof, at any time within a period of two (2) years after the date specified in the above-mentioned resolution. However, the board of supervisors, in its discretion, may nevertheless call an election on such question, in which event it shall not be necessary to publish the resolution declaring its intention to issue such bonds as herein provided.

SECTION 55. Section 59-7-115, Mississippi Code of 1972, is brought forward as follows:

59-7-115. Where an election is to be called, as provided in Section 59-7-113, notice of such election shall be signed by the clerk of the board of supervisors and shall be published once a week for at least three (3) consecutive weeks, in at least one (1) newspaper published in such county. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed for such election and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper is published in such county, then such notice shall be given by publishing the same for the required time in some newspaper having a general circulation in such county, and, in addition, by posting a copy of such notice for at least twenty-one (21) days next preceding such election at three (3) public places in such county.

SECTION 56. Section 59-7-117, Mississippi Code of 1972, is brought forward as follows:

59-7-117. The election provided for in Sections 59-7-113 and 59-7-115 shall be held, as far as is practicable, in the same manner as other elections are held in counties. At such election, all qualified electors of such county may vote, and the ballots used at such election shall have printed thereon a brief statement of the amount and purpose of the proposed bond issue and the words "FOR THE BOND ISSUE" and "AGAINST THE BOND ISSUE," and the voter shall vote by placing a cross (x) or check mark (✓) opposite his choice on the proposition.

SECTION 57. Section 59-7-119, Mississippi Code of 1972, is brought forward as follows:

59-7-119. When the results of the election on the question of the issuance of bonds under the provisions of this article shall have been canvassed by the election commissioners of such county and certified by them to the board of supervisors of such county, it shall be the duty of such board of supervisors to determine and adjudicate whether or not three-fifths (3/5ths) of the qualified electors who voted in such election voted in favor of the issuance of such bonds and, unless three-fifths (3/5ths) of the qualified electors who voted in such election shall have voted in favor of the issuance of such bonds, then such bonds shall not be issued. Should three-fifths (3/5ths) of the qualified electors who vote in such election vote in favor of the issuance of such bonds, then the board of supervisors of the county may issue such bonds, either in whole or in part, within two years from the date of such election, or within two years after the final favorable termination of any litigation affecting the issuance of such bonds, as such board shall deem best.

SECTION 58. Section 59-7-121, Mississippi Code of 1972, is brought forward as follows:

59-7-121. The proceeds of any bonds issued by any county pursuant to the provisions of this article shall be placed in the county treasury or depository, if there be one, in a special fund and shall be expended by the board of supervisors of such county for the purpose or purposes for which the bonds were authorized to be issued, and for no other. If the board of supervisors of any such county or any member thereof or any other officer shall willfully divert or aid or assist in diverting any such fund, or any part thereof, to any purpose other than that for which such bonds were authorized to be issued, such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment in the State Penitentiary for a term not exceeding five (5) years and, in addition, shall be liable personally on his official bond for the amount so diverted. Any member of such board of supervisors may escape the penalty herein provided for by having his vote recorded in the negative on any illegal diversion of the proceeds of such bonds.

SECTION 59. Section 59-7-123, Mississippi Code of 1972, is brought forward as follows:

59-7-123. Whenever a balance shall remain in the proceeds of any bond issue after the purpose for which such bonds were issued shall have been accomplished, such balance shall forthwith be transferred to the port bonds interest and sinking fund hereinabove provided for.

SECTION 60. Section 59-7-125, Mississippi Code of 1972, is brought forward as follows:

59-7-125. (1) All improvements constructed by the board of supervisors under the provisions of this article shall be operated and maintained by a port commission composed of five (5) residents of such county who shall be qualified electors therein. Such commission shall have jurisdiction over the port, terminals, harbors and passes leading thereto, and all vessels, boats and wharves, common carriers, and public utilities therein, using the same, within their respective counties. Such port commission shall be appointed as follows: one (1) member shall be appointed by the Governor, two (2) shall be appointed by the board of supervisors of the county, and two (2) shall be appointed by the governing body of the municipality which is the county seat of such county in such cases where the county seat of such county is situate on or adjacent to such port facilities, otherwise, four (4) members shall be appointed by the board of supervisors. A county and a municipality may by joint resolution dissolve a port commission created under this section which is governed by a commission with two (2) commissioners appointed by each. The joint resolution must provide that the municipality relinquishes its duties and obligations related to the port, and that the county assumes all duties and obligations related to the port. Any commission so dissolved shall be reconstituted to consist of five (5) members, one (1) member appointed from each supervisor district. The board of supervisors shall provide for staggered terms in its order providing for the appointment of the reconstituted port commission. Before entering upon the duties of the office, each of such commissioners shall take and subscribe to the oath of office required by Section 268 of the Constitution of the State of Mississippi, and shall give bond, to be approved by the board of supervisors, in the sum of Five Thousand Dollars ($5,000.00), conditioned upon the faithful performance of their duties. Such bond shall be made payable to the county and in case of breach thereof, suit may be brought on the relation of the county for the benefit of such port commission. Such commissioners shall hold office for a term of four (4) years from the date of their appointment and qualification and until their successor or successors shall be appointed and qualified as set out herein. Three (3) members of the port commission shall be necessary to constitute a quorum for the conducting of business.

(2) The members of the board of supervisors shall be ex officio members of the port commission, but no bond shall be required of them in such capacity; provided, however, the members of the board of supervisors shall be nonvoting members of the port commission and shall not be included or counted for the determination of a quorum for conducting of business by the port commission unless and until the board of supervisors of a particular county, by order entered on its minutes, expressly provides that the members of the board of supervisors shall be voting members of the port commission and the number of members required for a quorum to conduct business of the port commission, but in no event shall the number required for a quorum to conduct business of the port commission be less than three (3).

(3) All actions heretofore taken by the various port commissions at which at least three (3) members were present and which would otherwise have been legal actions except for the absence of a legal quorum being present and voting are hereby ratified, confirmed and approved.

SECTION 61. Section 59-7-127, Mississippi Code of 1972, is brought forward as follows:

59-7-127. When such port commissioners provided for in Section 59-7-125 shall have been appointed and shall have been qualified as set out herein, they shall meet at the regular meeting place of the board of supervisors of such county, after giving at least five (5) days' notice of the time and place of such meeting by publication in a newspaper published at the county seat of such county. At such meeting they shall elect a president and a secretary who shall be members of the commission, and adopt such rules as may govern the time and place for holding meetings, regular and special, not inconsistent with the provisions of this article.

SECTION 62. Section 59-7-129, Mississippi Code of 1972, is brought forward as follows:

59-7-129. The duties and powers of such port commission provided for in Section 59-7-125 shall be the same as those which are set forth and prescribed in Sections 59-1-9 and 59-1-27, except that the salary of the port director shall be subject to the approval of the board of supervisors.

SECTION 63. Section 59-7-131, Mississippi Code of 1972, is brought forward as follows:

59-7-131. It shall be the duty of such port commission, from time to time, to make recommendations to the board of supervisors of such county concerning expenditures to be made for the improvement, promotion, development, construction, maintenance and operation of the harbor and port facilities of such county, and shall annually submit to such board of supervisors a proposed budget for the operation and maintenance of such harbor and port facilities, which recommendations and budget shall be subject to approval of the board of supervisors. Except as provided in Section 59-7-111, the port fund shall be subject to expenditure by the port commission.

The port commission may recommend to the Legislative Budget Office, the State Fiscal Management Board, and the county board of supervisors that certain excess funds in the port fund be transferred to any industrial development authority within the county. Upon approval by the State Fiscal Management Board and the county board of supervisors, the port commission may transfer such excess funds, or any portion thereof which may be designated by the State Fiscal Management Board and county board of supervisors, as provided herein.

The port commission in any county bordering the Mississippi River and having a population of more than fifty-one thousand (51,000) but less than fifty-two thousand (52,000) according to the 1980 federal census may recommend to the board of supervisors the expenditure of excess funds in the port fund for the acquisition of lands in the county to be used for industrial development purposes. Upon the aquisition of such lands, excess funds in the port fund may also be expended to provide necessary utilities and other improvements the board of supervisors deems necessary and requisite for industrial development. Any lands acquired hereunder shall be titled in the name of the county.

For the purposes of this section, the term "excess funds" means monies determined to be in excess of those necessary to fund the budget for the fiscal year.

SECTION 64. Section 59-7-201, Mississippi Code of 1972, is brought forward as follows:

59-7-201. This article shall be applicable to all counties electing to come under the terms and provisions of Article 3 of this chapter and in which a flood control project has been authorized or may be authorized by the federal government which either directly or indirectly involves, or has the result of creating, a potential industrial area or the protection of such an area. This article is supplementary to said Article 3 of this chapter, and all other laws of this state concerning ports and harbors and shall not be construed by way of limitation on any of the powers or authority heretofore granted, but the authority conferred herein is in addition and cumulative thereto.

SECTION 65. Section 59-7-203, Mississippi Code of 1972, is brought forward as follows:

59-7-203. Where any county in connection with any such flood control project has given or may give assurances of local cooperation required by the federal authorities, as authorized by law, the board of supervisors of such county shall have the added power and authority, if necessary or desirable for the fulfillment of such assurances, to acquire all lands and easements and rights-of-way, and the fee title to such lands where advisable, either by purchase or by condemnation and, if by condemnation, according to the existing statutes applicable to the acquisition by counties of property for public use.

Where any county of the state which operates any such project has been required to give its assurances by the federal authorities or other agency of the government of the United States of local cooperation and participation in any such project by agreeing to pay any part of the construction costs of such project or projects, then the board of supervisors of such county shall have the added power and authority, if necessary and desirable for the fulfillment of such assurances, to sign agreements with such federal authorities or other agency of the government of the United States whereby such participating county agrees to pay its part of the cost of such construction or any fractional part thereof, including interest of not more than three percent (3%) per annum, and provided further that said assurances shall be due and payable within the primary term of forty years from the time such assurances are given.

SECTION 66. Section 59-7-205, Mississippi Code of 1972, is brought forward as follows:

59-7-205. (1) In any county where a port commission has been established or may be established and where the board of supervisors of said county directs that said commission undertake, on behalf of such county, jurisdiction over and duties in connection with the fulfillment of the assurances of local cooperation and handling of the harbor project upon which construction may be done by the federal government, as contemplated by Section 59-7-201, and where either all or over half of the lands and properties involved in said project are beyond the confines of any municipality lying within said county, then the board of supervisors of said county shall appoint four (4) members of said port commission in accordance with the terms and provisions of Section 59-7-125, and, where such port commission has been established or may be established in such instance, then said port commission shall undertake and perform the duties assigned to it by said board, as hereby authorized, and said commissions shall, in addition, manage and control all port facilities which may be authorized and constructed by virtue of the terms and provisions of Article 3 of this chapter, and all appurtenant and physical properties connected therewith, both real and personal, and shall provide for the regular inspection, repair, maintenance and improvement of said port facilitates. Said port commission, in the performance of its duties, may make any contract and authorize any purchases from any funds on hand in the port fund of any such county, which said contracts and purchases shall be made in accordance with Section 31-7-1 et seq. Said contracts and purchases shall include all contracts and purchases incidental to or necessary for the proper establishment, insurance, maintenance, repair, improvement and operation of said port facilities, including, if indicated for their protection, workmen's compensation insurance for the benefit of any employees of said port commission.

Any such port commission is further authorized and empowered, in its discretion, to own and operate any or all dock, terminal, warehouse or railroad facilities which may by it be deemed necessary or desirable to promote the development of any port or industrial facilities under its control or supervision and to such end such port commission is authorized and empowered to acquire by purchase, construction or lease any buildings, structure or equipment, to employ any personnel or technical assistance, to enter into any contracts with any persons, firms or corporations, and to establish, charge and collect any tariffs, rates or other charges in connection therewith, as may be deemed necessary or advisable to accomplish such purposes. Said port commission is likewise authorized and empowered to operate such dock, terminal, warehouse or railroad facilities through agents or lessees by such contractual or lease agreements as may be entered into by said port commission upon such terms and conditions as said commission may deem proper. The authority granted hereby shall extend only to the lands under the control and supervision of said port commission.

(2) The powers and authority granted by this section are supplemental to all other powers and authority granted to said port commission and the same shall in nowise be construed to limit any such powers and authority heretofore granted.

SECTION 67. Section 59-7-207, Mississippi Code of 1972, is brought forward as follows:

59-7-207. The commission referred to in Section 59-7-205 may establish and operate said port facilities on such plan as it may determine upon, including the right to employ, or delegate to the port director the employment of such engineering and legal assistants and such subordinate personnel as the commission may deem necessary, to provide for the wages and compensation of the port director and all other employees; and, in their discretion, to require that the port director and such other subordinate personnel as may be deemed necessary and desirable post a bond written by a surety company or companies authorized to do business in the State of Mississippi in such amount as the commission may designate, conditioned on the faithful discharge of all of their duties as such employees, the premiums on such bonds to be paid from said port fund in the discretion of the commission.

SECTION 68. Section 59-7-209, Mississippi Code of 1972, is brought forward as follows:

59-7-209. The board of supervisors of any such county described in Section 59-7-201 may prescribe such further duties, powers and rights of such commission as may be within the authority of such board to delegate and provide for the reasonable compensation, if any, of the chairman and members of the commission, and shall provide that the acts of such commissioners shall regularly, and not less than quarterly or more than monthly, be reported to said board and be subject to its approval and concurrence by order spread upon the minutes of said board generally approving such reports and minutes. The obligations incurred and the expenditures authorized to be made by said commission shall in the manner herein set forth be subject to the approval of the board of supervisors of said county; and when and should the board decline to grant its approval of any act of said commission, it shall signify its reason for withholding that approval on the minutes of said board. All expenditures so authorized and provided for shall be made upon special port commission warrants to be countersigned by the clerk of said board. There shall be no personal obligation or liability on the part of any member of said commission except for a wilful wrong, nor shall there be any general obligation or liability on said county other than from the revenues derived from the operation of said port and revenues allocated by law to the aforesaid port fund of said county, except for the obligation of a condemnation award or for any such obligation which may be provided for in any trust indenture or resolution under which bonds are issued under the terms and provisions of Article 3 of this chapter.

SECTION 69. Section 59-7-211, Mississippi Code of 1972, is brought forward as follows:

59-7-211. In all such counties, described in Section 59-7-201, upon and with the approval of the board of supervisors, the port commission shall have the power and authority to sell or lease any lands or easements acquired by any such county in conjunction with the establishment and construction of any port or harbor under the jurisdiction of said commission for the purposes of industrial development, but the terms and provisions of any such sales or lease shall include limitations as to the use of such lands and easements for industrial activities integrated to water transportation in accordance with the terms and provisions of such assurances of local cooperation as may have been given by virtue of Section 51-35-15 or Section 51-35-17, Mississippi Code of 1972, and the provisions of this article. Furthermore, said port commission, upon and with the approval of the board of supervisors, shall have the power and is hereby authorized, in its discretion, to sell and convey to the United States of America, without any limitations whatsoever, by general or special warranty deed or other acceptable form or conveyance, the full title to any lands acquired or held by any such county in connection with the establishment and development of any harbor or port project under the jurisdiction of said commission in exchange for the title to lands of the United States of America deemed useful for or needed by any county in connection with the establishment, enlargement, development, construction or maintenance of any port or harbor project under the jurisdiction of said commission, or for such other consideration as said commission and said board find to be adequate and sufficient. Said port commission, upon and with the approval of the board of supervisors of the county, is further hereby authorized to donate and/or sell and convey, without any limitations, upon such terms and conditions as may be deemed proper by the said commission and said board of supervisors, to the United States of America any of the lands needed by the United States of America for navigation and/or flood control purposes, or in fulfillment of any authorized assurances which have been given or which may be given by said county to the United States of America, or for the purpose of the display of the Gunboat Cairo.

SECTION 70. Section 59-7-213, Mississippi Code of 1972, is brought forward as follows:

59-7-213. The port commission shall keep regular minutes of all its official actions and shall provide for an adequate bookkeeping system and regular audits and keep or cause to be kept full and correct records of the finances of said port commission and shall, from said port funds, provide for, and pay to the clerk of said board fees and sums as are found to be proper and reasonable for the extra duties and work hereby imposed upon him. All such minutes, books and records shall be kept in the office of the chancery clerk of the county in which the port is located or in such other place as the board of supervisors may designate by order spread upon their minutes to the end that such minutes, books and records shall, under reasonable conditions, be available at all times to the public for inspection.

SECTION 71. Section 59-7-301, Mississippi Code of 1972, is brought forward as follows:

59-7-301. This article, as to the subject matters hereof, shall supersede all other laws, general, special or local, including charters of municipalities. Any municipality issuing bonds or other obligations pursuant to this article shall have no power thereafter to issue bonds or other obligations pursuant to the provisions of Article 1 of this chapter, unless and until all bonds or other obligations issued pursuant to this article, and interest thereon, have been fully paid and discharged.

SECTION 72. Section 59-7-303, Mississippi Code of 1972, is brought forward as follows:

59-7-303. An ad valorem tax of two mills on each one dollar of the total assessed valuation of all the taxable property in each county or counties in the State of Mississippi, in which there is located a harbor or port of entry where commodities are exported to foreign nations, and where there is maintained a channel and/or harbor or port to a depth of not less than twenty feet, be, and the same is hereby, levied on all said taxable property, in or for each year in which the principal of or interest on any bonds or other obligations issued by any municipality pursuant to this article becomes due. The receipts from said two-mill tax shall be withheld by the tax collector of said county, and/or by any other tax collecting agency authorized by law for the collection of said taxes, from receipts from state ad valorem taxes now in effect or which may be hereafter levied, so long as the state ad valorem taxes shall be not less than the two-mill tax herein levied. However, if no state ad valorem taxes equal to or greater than the said two-mill tax herein levied is now or shall be hereafter levied, then and in that event, the said two-mill tax herein levied shall continue to be levied and collected as herein provided in each such county or counties in or for each year in which the principal of or interest on any bonds or other obligations issued by any municipality pursuant to this article becomes due. The tax collector, and/or any other tax collecting agency authorized by law for the collection of said taxes, shall pay over all moneys collected or to be collected as receipts from said two-mill tax to any trustee or successor thereto established as hereinafter in this article provided, and in the event that there is no such trustee, then said tax collector, and/or any other tax collecting agency authorized by law for collection of said taxes, shall pay over all such moneys into the county depository of each such county to the credit of a fund which shall be known as a port fund. Any such moneys so paid into the county depository of each such county to the credit of said port fund may be expended at the direction of the port commission, appointed for any port of entry as designated in Chapter 1 of this title. But in no county within the terms of this article shall there be withheld from the state treasury under the provisions of this article and Article 1 of this chapter, for any one year an amount in excess of the receipts from said two-mill tax. The provisions of this article shall be deemed to be a contract with the holders of any bonds or other obligations issued pursuant to this article.

SECTION 73. Section 59-7-305, Mississippi Code of 1972, is brought forward as follows:

59-7-305. The authorities of any municipality in which there is situated and located, in whole or in part, a port of entry through which commodities are imported and exported to foreign nations, which maintains a channel and/or harbor to a depth of not less than twenty feet, are hereby given the authority to engage in, either directly or through the commission hereinafter provided and designated and such other agencies as hereafter may be provided by law, work of internal improvement, or promoting, developing, constructing, maintaining, and operating harbors or seaports within the state and its jurisdiction, and either directly or through the commission hereinafter provided for, shall have the power to acquire, purchase, install, rent, lease, mortgage, and/or otherwise encumber, to construct, own, hold, maintain, equip, use, control and operate at seaports, wharves, piers, docks, quays, grain elevators, cotton compresses, warehouses, floating dry docks, graving docks, marine railways, tugboats, cold storage facilities and other water and rail terminals and other structures, and facilities needful for the convenient use of the same in the aid of commerce including the dredging of approaches thereto.

SECTION 74. Section 59-7-307, Mississippi Code of 1972, is brought forward as follows:

59-7-307. All improvements and facilities constructed pursuant to Article 1 of this chapter, and/or constructed pursuant to this article, shall be maintained and operated under the control of the port commission as provided in Chapter 1 of this title. The said port commission shall, subject to and in accordance with any agreement or agreements as may be made by any such municipality with the purchaser or purchasers of bonds or other obligations issued pursuant to this article, prescribe, levy and collect all rents, fees, tolls, revenues, and/or other charges in connection with the use and occupancy of the aforesaid improvements and facilities, and shall pay over all net revenues derived from the operation of said improvements and facilities to any trustee, or successor thereto, established as hereinafter in this article provided. Net revenues shall be deemed to be such as may be defined in any agreement or agreements entered into between any such municipality and the purchaser or purchasers of any bonds or other obligations issued pursuant to this article. The said port commission shall make an annual report to the Governor of the State of Mississippi, to the municipality having such port of entry, and to the State Legislature.

SECTION 75. Section 59-7-309, Mississippi Code of 1972, is brought forward as follows:

59-7-309. Any municipality, in which there is situated and located in whole or in part a port of entry through which commodities are imported or exported as aforesaid, is hereby given authority, upon the adoption of a resolution to such effect, to issue bonds or other obligations for any or all of the purposes as provided in this article. The books of account and other sources of information pertaining to duties under the provisions of this article, of any port commission, municipality and/or county affected by this article, shall be and remain at all times open to inspection and subject to audit by the holder or holders of any bonds or other obligations issued pursuant to this article.

SECTION 76. Section 59-7-311, Mississippi Code of 1972, is brought forward as follows:

59-7-311. The power to issue bonds or other obligations authorized by this article and Section 59-5-31, shall be vested in and may be exercised from time to time by the governing bodies of any municipality or county so authorized in such laws.

Such revenue bonds may be issued without an election upon the adoption of a resolution of the board of supervisors of such county, declaring its intention to issue such bonds, and shall not be subject to any limitation as to amount, and shall not be included or computed in the statutory limitation of indebtedness of any such county. Such bonds shall bear date or dates, be in such denomination or denominations, bear interest at such rate or rates, be payable at such place or places within or without the State of Mississippi, shall mature at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as shall be determined by resolution of the board of supervisors of such county. Such bonds shall mature in annual installments beginning not more than five (5) years from date thereof and extending not more than thirty-five (35) years from date thereof. Such bonds shall be signed by the president of the board of supervisors of such county, and the official seal of the county shall be affixed thereto, attested by the clerk of the board of supervisors of such county. The interest coupons to be attached to such bonds may be executed by the facsimile signatures of said officers. Whenever any such bonds shall have been signed by the officials herein designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until the delivery of the same to the purchaser or had been in office on the date such bonds may bear.

All bonds and interest coupons issued under the provisions of this article shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the Mississippi Uniform Commercial Code. Such bonds and income therefrom shall be exempt from all taxation within the State of Mississippi.

The board of supervisors of such county shall sell such bonds in such manner and for such price as it may determine to be for the best interest of said county, but no such sale shall be made at a price less than par plus accrued interest to date of delivery of the bonds to the purchaser. Notice of the sale of any such bonds shall be published at least one time not less than ten (10) days prior to the date of sale and shall be published in a newspaper published in and having general circulation within the county.

The proceeds of such bonds shall be paid into a special fund or funds in banks qualified to act as depositories for such county. The proceeds of such bonds shall be solely for the purposes for which they were issued, and the redeeming of any outstanding bonds, and shall be disbursed upon the order of the board of supervisors of such county, with such restrictions, if any, as the resolution authorizing the issuance of the bonds may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the purpose for which they were issued, and the redeeming of any outstanding bonds, unless otherwise provided in the resolution authorizing the issuance of such bonds, additional bonds may in like manner be issued to provide the amount of such deficit which, unless otherwise provided in the resolution authorizing the issuance of bonds, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which the bonds were issued, the surplus shall be paid into the fund established for the payment of the principal of and the interest on such bonds.

Such bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this article. The bonds authorized under the authority of this article may, in the discretion of the board of supervisors of such county, be validated in the chancery court of such county in the manner and with the force and effect provided by Sections 31-13-1 through 31-13-11, Mississippi Code of 1972, for the validation of county, municipal, school district, and other bonds.

The revenue bonds issued under the provisions of this section shall be payable solely out of the revenues to accrue from the operation of such project, development, improvement or utility systems, and the full faith and credit of the county shall not be pledged therefor, nor shall any ad valorem tax be levied therefor.

SECTION 77. Section 59-7-313, Mississippi Code of 1972, is brought forward as follows:

59-7-313. The proceeds from the sale of any bonds or other obligations issued pursuant to this article shall be placed to the credit of such municipality in a bank or banks which are members of the Federal Deposit Insurance Corporation and may be withdrawn therefrom in accordance with any agreement or agreements entered into between such municipality and the purchaser or purchasers of such bonds or other obligations and in accordance with the laws regulating the disbursement of municipal funds and shall be used for no other purpose than the purpose or purposes set forth in the original resolution of the governing body of such municipality. Any officer or other person diverting or assisting to divert any such funds to any other purpose or purposes than the purpose or purposes originally set forth in said resolution of the governing body of said municipality shall be guilty of a felony and punishable accordingly, and shall be liable both personally and on official bonds for such diversion. Nothing in this article shall be construed as a guarantee on the part of the State of Mississippi to pay the principal of or interest on any bonds or other obligations issued pursuant to this article.

SECTION 78. Section 59-7-315, Mississippi Code of 1972, is brought forward as follows:

59-7-315. Any municipality issuing bonds or other obligations pursuant to this article by resolution or resolutions duly adopted, is hereby given authority to execute and deliver a mortgage or deed of trust, in such form, with such validity and with such remedies as at present authorized under the laws of the State of Mississippi, on any or all properties, improvements and facilities, the acquisition, construction, maintenance and/or operation of which are provided for by this article. Such resolution or resolutions of said municipality shall prescribe the provisions, covenants and conditions of any such mortgage or deed of trust. Such provisions, covenants and conditions, if not self-executing, may be enforced by appropriate proceedings, either in law or in equity.

SECTION 79. Section 59-7-317, Mississippi Code of 1972, is brought forward as follows:

59-7-317. The bonds or other obligations issued by any municipality of the State of Mississippi pursuant to this article shall not constitute a debt within the meaning of any statutory limitation as to the amount of debt which may be incurred by any such municipality, nor shall such bonds or other obligations be payable out of any funds other than the revenue collected or collectible from the use of said docks, harbors and facilities of whatsoever nature, and out of the receipts from the said two-mill ad valorem tax, in accordance with the provisions of Section 59-7-303.

SECTION 80. Section 59-7-319, Mississippi Code of 1972, is brought forward as follows:

59-7-319. Bonds or other obligations issued pursuant to this article and any interest thereon or income therefrom shall be exempt from all taxation, except gift, transfer and inheritance taxes, in so far as may be within the power of the State of Mississippi so to provide.

SECTION 81. Section 59-7-321, Mississippi Code of 1972, is brought forward as follows:

59-7-321. In connection with the issuance of bonds or other obligations by any municipality pursuant to this article, or in order to secure the payment of said bonds or other obligations, such municipality shall have power:

(a) To accept grants from the United States of America, the president of the United States, the federal emergency administrator of public works, or such other agencies, instrumentalities or corporations as may be designated or created to make grants or loans (hereinafter termed "federal agency") pursuant to the national industrial recovery act and any further act of the congress of the United States providing for the construction of useful public works (hereinafter termed "national industrial recovery act"), for or in aid of work, development or improvement authorized by this article.

(b) To make such contracts and execute such instruments containing such provisions, covenants and conditions as in the discretion of the authorities of any such municipalities may be necessary, proper or advisable for the purpose of obtaining or securing grants, loans, or other financial assistance from any federal agency pursuant to the national industrial recovery act; to make such further, different or additional contracts and execute all instruments necessary or convenient in or for the furtherance of any work, development or improvement, including but not limited to all property real and personal appurtenant thereto or connected therewith and the existing work, development or improvement, if any, to which the work, development or improvement authorized by this article is an extension, addition, betterment or embellishment (hereinafter termed "work, development or improvement"), to carry out and perform the terms and conditions of any such contract or instrument.

(c) To pledge all or any part of the fees, rents, tolls, revenues or other charges received or receivable by such municipality and/or port commission from any work, development or improvement to which its right then exists or the right to which may thereafter come into existence.

(d) To covenant against the pledging of all or any part of the fees, rents, tolls, revenues or other charges received or receivable by such municipality and/or port commission from any work, development or improvement to which its right then exists or the right to which may thereafter come into existence.

(e) To covenant against the encumbering of all or any part of any work, development or improvement or against permitting or suffering any lien thereon.

(f) To covenant as to what other or additional debt may be incurred by such municipality.

(g) To provide for the preparation, specifications, terms, form, registration, extension, execution and authentication of any bonds or other obligations, issued pursuant to this article.

(h) To provide for the replacement of lost, destroyed or mutilated bonds or other obligations issued pursuant to this article.

(i) To covenant as to the fees, rents, revenues or tolls to be charged, the amount to be raised each year or other period of time and as to the use and disbursement to be made thereof.

(j) To covenant to set aside or to pay over reserves and sinking funds and as to the disposal thereof.

(k) To redeem prior to maturity, with or without premium, bonds or other obligations issued pursuant to this article and to covenant for their prior redemption and to provide the terms and conditions thereof.

(l) To covenant against extending the time for the payment of the interest on or principal of the bonds or other obligations issued pursuant to this article directly or indirectly by any means or in any manner.

(m) To covenant as to books of account of such municipality and as to the inspection and audit thereof and as to the accounting methods.

(n) To covenant as to the rights, liabilities, powers and duties arising upon the breach by such municipality of any covenant, condition or obligation assumed pursuant to this article.

(o) To make such covenants and do any and all such acts and things as may be necessary, convenient or desirable in order to secure any bonds or other obligations issued pursuant to this article, or in the absolute discretion of the authorities of such municipality in order to make such bonds or other obligations more marketable, notwithstanding that such covenants, acts, or things may not be enumerated herein or expressly authorized herein; it being the intention hereby to give the authorities of any municipality issuing bonds or other obligations pursuant to this article the power to do all things in the issuance of said bonds or other obligations and for their execution that may not be inconsistent with the constitution of the State of Mississippi.

SECTION 82. Section 59-7-323, Mississippi Code of 1972, is brought forward as follows:

59-7-323. Any municipality issuing bonds or other obligations pursuant to this article shall, so long as any such bonds or other obligations remain outstanding and unpaid, by resolution or resolutions duly adopted, authorize and appoint a trustee, satisfactory to the purchaser or purchasers of any bonds or other obligations issued pursuant to this article or any successor thereto, with the following powers and duties:

(a) Such trustee so appointed, or any successor thereto, shall receive and receipt for all monies collected or to be collected as receipts from the aforesaid two-mill tax by the aforesaid tax collector, and/or any other tax collecting agency authorized by law for the collection of said taxes, as provided for in Section 59-7-303;

(b) Such trustee so appointed, or any successor thereto, shall receive and receipt for all monies paid or to be paid to it in accordance with Section 59-7-307, constituting the net revenues derived from the operation of the improvements and facilities authorized by this article;

(c) Such trustee so appointed, or any successor thereto, shall deposit all monies received or to be received, in a special account or accounts in a bank or banks which are members of the Federal Deposit Insurance Corporation, with such provisions for security therefor as may be incorporated in any agreement or agreements entered into between any such municipality and the purchaser or purchasers of any such bonds or other obligations;

(d) Such trustee so appointed, or any successor thereto, shall use and apply all such monies so received to the payment of principal of and interest on any bonds or other obligations issued by any municipality pursuant to this article, as the same become due, and shall use and apply any surplus remaining after such payment or payments for the prior redemption, with or without premium, of bonds or other obligations issued by any municipality pursuant to this article, or in accordance with the provisions of any agreement or agreements as may be made between any municipality issuing bonds or other obligations pursuant to this article and the purchaser or purchasers of such bonds or other obligations;

(e) Such trustee so appointed, or any successor thereto, shall have and be vested with all rights, powers and duties, in addition to the foregoing, as may be provided for in any agreement or agreements between any municipality issuing bonds or other obligations pursuant to this article and the purchaser or purchasers of such bonds, or other obligations;

(f) Such trustee so appointed, or any successor thereto, shall by an instrument in writing, accept such trust and shall file such written acceptance of such trust with the clerk of the municipality so appointing such trustee;

(g) If such trustee so appointed, or any successor thereto, shall fail, neglect or refuse to perform any of the duties herein imposed or that may be imposed by reason of any of the provisions of any agreement or agreements as aforesaid, such trustee, or any successor thereto, shall, on the written request of twenty per centum or more in aggregate principal amount of the holder or holders of bonds or other obligations issued pursuant to this article, be removed, by resolution duly adopted by the municipality by which such trustee, or any successor thereto, was appointed; and in such event, it shall be the duty of any such trustee so removed to effectuate a valid transfer of all monies then in the possession or under the control of such trustee so removed to a duly appointed successor, and a failure on the part of such trustee so removed to do so shall constitute an embezzlement of such monies and shall be punishable accordingly;

(h) In the event any such trustee so appointed, or any successor thereto, shall be removed as hereinabove provided, it shall be the duty of any municipality, which shall have removed any such trustee, immediately by resolution duly adopted to appoint a trustee, as successor thereto, who is satisfactory to said holder or holders of twenty per centum or more in aggregate principal amount of bonds or other obligations issued pursuant to this article.

SECTION 83. Section 59-7-401, Mississippi Code of 1972, is brought forward as follows:

59-7-401. Nothing in this article shall be construed as repealing or altering any existing laws now on the statute books affecting any ports or port laws, and this article is to be considered supplementary, and any word, sentence or paragraph in this article that may be in conflict with the provisions of any other law shall not affect any such law. The constitutionality of this article shall not affect any existing law now on the statute, nor shall the constitutionality of any law now on the statutes be questioned with this article.

SECTION 84. Section 59-7-403, Mississippi Code of 1972, is brought forward as follows:

59-7-403. An ad valorem tax of one mill on each one dollar of the total assessed valuation of all the taxable property in each county or counties in the State of Mississippi, in which there is located a port or harbor where there is maintained a channel to a depth of not less than eight feet, is hereby levied on all taxable property, in or for each year in which the principal of or interest on any bonds or other obligations issued by any municipality pursuant to this article becomes due. The receipts from said one mill tax shall be withheld by the tax collector of said county, and/or by any other tax collecting agency authorized by law for the collection of said taxes, from receipts from state ad valorem taxes now in effect or which may be hereafter levied, so long as said state ad valorem taxes shall be not less than the said one mill tax herein levied. However, if no state ad valorem taxes equal to or greater than the said one mill tax herein levied is now or shall be hereafter levied, then and in that event, the said one mill tax herein levied shall continue to be levied and collected as herein provided in each such county or counties in or for each year in which the principal of or interest on any bonds or other obligations issued by any municipality pursuant to this article becomes due. The said tax collector, and/or any other tax collecting agency authorized by law for the collection of said taxes, shall pay over all moneys collected or to be collected as receipts from the one mill tax to any trustee or successor thereto established as hereinafter provided in Section 59-7-429, and in the event that there is no such trustee, then said tax collector, and/or any other tax collecting agency authorized by law for collection of said taxes, shall pay over all such moneys into the county depository of each such county to the credit of a fund which shall be known as a port fund. Any such moneys so paid into the county depository of each such county to the credit of said port fund may be expended at the direction of the port commission, appointed for any port or harbor through which commerce flows and having not less than eight industries engaged in the seafood industry. The provisions of this article shall be deemed to be a contract with the holders of any bonds or other obligations issued pursuant to this article.

SECTION 85. Section 59-7-407, Mississippi Code of 1972, is brought forward as follows:

59-7-407. A port commission created under this article shall consist of six (6) members who shall be qualified electors of the municipality operating under this article, and shall be appointed as follows: two (2) shall be appointed by the Governor, two (2) shall be appointed by the governing authorities of the municipality, and two (2) shall be appointed by the board of supervisors of the county. The commission shall have jurisdiction over the port, terminals, harbors and passes leading thereto, and all vessels, boats and wharves, common carriers and public utilities using the port. Commissioners shall be paid the uniform per diem compensation authorized in Section 25-3-69 for the discharge of official duties at meetings called in accordance with Section 59-7-409.

In the first instance, the two (2) commissioners appointed by the Governor shall be appointed for terms of five (5) and four (4) years, respectively, from the date of appointment; one (1) member appointed by the board of supervisors shall be appointed for a term of three (3) years from the date of appointment, and the members appointed by the governing authorities of the municipality shall be appointed for terms of two (2) and one (1) years, respectively, from the date of appointment. The additional member appointed by the board of supervisors shall be appointed to a term of five (5) years. After the first appointments, thereafter each member appointed shall be appointed for a term of five (5) years.

The commission shall, upon appointment, organize as provided in Section 59-7-409.

A port commission created under this article may be dissolved by the governing authorities of the municipality as provided under Section 59-7-408.

SECTION 86. Section 59-7-408, Mississippi Code of 1972, is brought forward as follows:

59-7-408. (1) The governing authorities of a municipality may dissolve a port commission created under this article by adopting a resolution in which they determine that the dissolution of the port commission is in the best interest of the citizens of the municipality and authorizing the municipality to assume the powers and duties of the port commission.

(2) After the adoption of the dissolution resolution, the port commission shall enter into an agreement with the municipality which shall provide for:

(a) the transfer of all powers, duties, and responsibilities of the port commission to the municipality;

(b) the transfer of all property and assets, real and personal, of the port commission to the municipality;

(c) the assignment of all contracts, leases, agreements and revenue generated by the port commission to the municipality;

(d) the assumption by the municipality of all just claims and obligations of the port commission associated with the operation and maintenance of the port facilities; and

(e) any other provisions necessary for the implementation of the dissolution.

(3) All tax levies and assessments used for existing bonded indebtedness shall continue until such indebtedness is paid.

SECTION 87. Section 59-7-409, Mississippi Code of 1972, is brought forward as follows:

59-7-409. The port commission established by Section 59-7-407 shall meet at a regular place to be designated by the port commission for organization as a port commission, after giving at least ten (10) days' notice of the time and place of the meeting by publication in a newspaper published in the city, and they shall elect a president and secretary who shall be members of the commission. The president shall be elected annually and shall vote only in cases of a tie vote.

SECTION 88. Section 59-7-411, Mississippi Code of 1972, is brought forward as follows:

59-7-411. It shall be the duty of the commission to keep a minute book in which shall be recorded all of their acts, orders, rules and regulations. It shall be the duty of said commission to adopt rules and regulations not inconsistent with law to govern their official acts. It shall be the duty of said commission to make and publish all needful rules and regulations to govern the harbor, docks, and passes within its jurisdiction, and to fix tariffs, fees, fines, penalties and forfeitures for the violations of the rules and regulations of said commission, and said commission shall have the power to fix and determine all port and terminal charges, and it may enforce the collection thereof through any court of competent jurisdiction in this state. This section shall not apply to public utilities nor to railroad terminal charges covered by or carried in approved tariffs authorized by Interstate Commerce Commission nor to lawful railroad operation and activities.

It shall be the duty of said commission to employ such help, including a port director, secretary, and such other help as will be necessary to carry on the business and work of such commission, and it will be the duty of said port commissioners to see that all port employees, such as harbormaster, pilots, and any and all other necessary employees for the operation of said port, perform any and all such duties as required for the operation of said port, at salaries to be determined by said port commission.

SECTION 89. Section 59-7-413, Mississippi Code of 1972, is brought forward as follows:

59-7-413. All improvements and facilities constructed pursuant to this article shall be maintained and operated under the control of the port commission as provided by this article. The port commission shall, subject to and in accordance with any agreement or agreements as may be made by any such municipality with the purchaser or purchasers of bonds or other obligations issued pursuant to this article, prescribe, levy and collect all rents, fees, tolls, revenues and/or other charges in connection with the use and occupancy of the aforesaid improvements and facilities, and shall pay over all net revenues derived from the operation of said improvements and facilities to any trustee, or successor thereto, established as hereinafter provided in Section 59-7-429. The net revenues shall be deemed to be such as may be defined in any agreement or agreements entered into between any such municipality and the purchaser or purchasers of any bonds or other obligations issued pursuant to this article. The port commission shall make an annual report to the Governor of the State of Mississippi, to the municipality having such port or harbor, and to the State Legislature.

SECTION 90. Section 59-7-415, Mississippi Code of 1972, is brought forward as follows:

59-7-415. Any municipality, in which there is situated and located in whole or in part a port or harbor through which commerce flows and having not less than eight industries engaged in the seafood industry as aforesaid, is hereby given authority, upon the adoption of a resolution to such effect, to issue bonds or other obligations for any or all of the purposes as provided in this article. The books of account and other sources of information pertaining to duties under the provisions of this article, or any port commission, municipality and/or county affected by this article, shall be and remain at all times open to inspection and subject to audit by the holder or holders of any bonds or other obligations issued pursuant to this article.

SECTION 91. Section 59-7-417, Mississippi Code of 1972, is brought forward as follows:

59-7-417. The power to issue bonds or other obligations authorized by Section 59-7-415 shall be vested in, and may be exercised from time to time by the governing body of any such municipality described in said section. Such bonds or other obligations shall be authorized by resolution of the governing body of any such municipality and shall bear such date or dates, mature at such time or times, not exceeding twenty (20) years from their respective dates, be in such denomination, be in such form, either coupon or registered, carry such registration privileges, be executed in such a manner, be payable in such medium of payment, at such place or places, and be subject to such terms of prior redemption, with or without premium, as such resolution or resolutions may provide. Such bonds shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-103. No bond shall bear more than one (1) rate of interest; each bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid; all bonds of the same maturity shall bear the same rate of interest from date to maturity; all interest accruing on such bonds so issued shall be payable semiannually or annually, except that the first interest coupon attached to any such bond may be for any period not exceeding one (1) year.

No interest payment shall be evidenced by more than one (1) coupon and neither cancelled nor supplemental coupons shall be permitted. The lowest interest rate specified for any bonds issued shall not be less than seventy percent (70%) of the highest interest rate specified for the same bond issue. The interest rate of any one (1) interest coupon shall not exceed the maximum interest rate on such bonds.

Each interest rate specified in any bid must be in multiples of one-eighth of one percent (1/8 of 1%) or in multiples of one-tenth of one percent (1/10 of 1%). Such bonds shall be executed by the manual or facsimile signature of the mayor and clerk of such municipality, with the seal of the municipality affixed thereto. At least one (1) signature on each bond shall be a manual signature, as specified in the resolution. The coupons may bear only the facsimile signatures of such mayor and clerk. Such bonds or other obligations may be sold at public or private sale for such price or prices as the governing body of such municipality shall determine, but in no case to exceed the rate of interest hereinbefore provided. No bonds shall be issued and sold under the provisions of this article for less than par and accrued interest.

Such bonds or other obligations may be issued by any municipality described in Section 59-7-415 in a principal amount not exceeding Seven Million Five Hundred Thousand Dollars ($7,500,000.00) outstanding at any one time for any purpose or purposes authorized by Section 59-7-405. Such municipality shall have power, out of any funds available, to purchase any bonds or other obligations issued by it pursuant to this article, and all bonds or other obligations so purchased shall be cancelled, and no bonds or other obligations shall be issued in lieu thereof. In anticipation of the issuance of the definitive bonds authorized by this article, any such municipality may issue interim certificates. Such interim certificates shall be in such form, contain such terms, conditions or provisions, bear such date or dates, and evidence such agreement or agreements, relating to their discharge by payment or by the delivery of the definitive bonds, as such municipality, by resolution of its governing body, may determine. Any bonds, interim certificates or other obligations issued pursuant to this article shall be fully negotiable within the meaning and for all the purposes of the Mississippi Uniform Commercial Code, and may be validated as provided by statute.

SECTION 92. Section 59-7-419, Mississippi Code of 1972, is brought forward as follows:

59-7-419. The proceeds from the sale of any bonds or other obligations issued pursuant to this article shall be placed to the credit of such municipality in a bank or banks, which are members of the federal deposit insurance corporation and may be withdrawn therefrom in accordance with any agreement or agreements entered into between such municipality and the purchaser or purchasers of such bonds or other obligations and shall be used for no other purpose than the purpose of such municipality. Any officer or other person diverting or assisting to divert any such funds to any other purpose or purposes than the purpose or purposes originally set forth in said resolution of the governing body of said municipality shall be guilty of a felony and punishable accordingly, and shall be liable both personally and on official bonds for such diversion.

Nothing in this article shall be construed as a guarantee on the part of the State of Mississippi to pay the principal or interest on any bonds or other obligations issued pursuant to this article.

SECTION 93. Section 59-7-421, Mississippi Code of 1972, is brought forward as follows:

59-7-421. Any municipality issuing bonds or other obligations pursuant to this article by resolution or resolutions duly adopted, is hereby given authority to execute and deliver a mortgage or deed of trust, in such form, with such validity and with such remedies as at present authorized under the laws of the State of Mississippi, on any or all properties, improvements and facilities, the acquisition, construction, maintenance and/or operation of which are provided for by this article. Such resolution or resolutions of said municipality shall prescribe the provisions, covenants and conditions of any such mortgage or deed of trust. Such provisions, covenants and conditions, if not self-executing, may be enforced by appropriate proceedings, either in law or in equity.

SECTION 94. Section 59-7-423, Mississippi Code of 1972, is brought forward as follows:

59-7-423. The bonds or other obligations issued by any municipality of the State of Mississippi pursuant to this article shall not constitute a debt within the meaning of any statutory limitation as to the amount of debt which may be incurred by any such municipality, nor shall such bonds or other obligations be payable out of any funds other than the revenue collected or collectible from the use of said docks, harbors and facilities of whatsoever nature, and out of the receipts the said one mill ad valorem tax, in accordance with the provisions of Section 59-7-403.

SECTION 95. Section 59-7-425, Mississippi Code of 1972, is brought forward as follows:

59-7-425. Bonds or other obligations issued pursuant to this article and any interest thereon or income therefrom shall be exempt from all taxation, except gift, transfer and inheritance taxes, in so far as may be within the power of the State of Mississippi so to provide.

SECTION 96. Section 59-7-427, Mississippi Code of 1972, is brought forward as follows:

59-7-427. In connection with the issuance of bonds or other obligations by any municipality pursuant to this article, or in order to secure the payment of said bonds or other obligations, such municipality shall have power:

(a) To accept grants from the United States of America, the president of the United States, the federal emergency administrator of public works, or such other agencies, instrumentalities or corporations as may be designated or created to make grants or loans (hereinafter termed "federal agency") pursuant to the national industry recovery act and any further act of the congress of the United States providing for the construction of useful public works (hereinafter termed "national industrial recovery act"), for or in aid of work, development or improvement authorized by this article.

(b) To make such contracts and execute such instruments containing such provisions, covenants and conditions as in the discretion of the authorities of any such municipalities may be necessary, proper or advisable for the purpose of obtaining or securing grants, loans, or other financial assistance from any federal agency pursuant to the national industrial recovery act; to make such further, different or additional contracts and execute all instruments necessary or convenient in or for the furtherance of any work, development or improvement, including but not limited to all property, real and personal, appurtenant thereto or connected therewith and the existing work, development or improvement, if any, to which the work, development or improvement authorized by this article is an extension, addition, betterment or embellishment (hereinafter termed "work, development or improvement") to carry out and perform the terms and conditions of any such contract or instrument.