Mississippi HB 302: Holmes County State Park; Department of Wildlife, Fisheries and Parks may lease land in and contract for services to operate.

Bill Text

HB 302 (As Introduced) - 2019 Regular Session 

MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Wildlife, Fisheries and Parks

By: Representative Clark

House Bill 302

AN ACT TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF WILDLIFE, 
FISHERIES AND PARKS, ACTING IN CONJUNCTION WITH THE MISSISSIPPI DEVELOPMENT 
AUTHORITY AND WITH THE APPROVAL OF THE MISSISSIPPI COMMISSION ON WILDLIFE, 
FISHERIES AND PARKS, TO LEASE CERTAIN LANDS WITHIN THE HOLMES COUNTY STATE PARK 
FOR COMMERCIAL AND/OR RESIDENTIAL DEVELOPMENT; TO ESTABLISH THE PROCESS FOR 
ENTERING INTO SUCH LEASES; TO CREATE THE HOLMES COUNTY STATE PARK LEASE 
DEVELOPMENT ENDOWMENT FUND; TO REQUIRE REVENUES DERIVED FROM SUCH LEASES TO BE 
DEPOSITED INTO THE FUND; TO CREATE A LEGISLATIVE OVERSIGHT COMMITTEE TO SERVE 
IN AN ADVISORY CAPACITY REGARDING LEASES EXECUTED UNDER THIS ACT; TO AMEND 
SECTIONS 55-3-33 AND 55-3-47, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE 
PROVISIONS OF THIS ACT AND TO AUTHORIZE THE DEPARTMENT OF WILDLIFE, FISHERIES 
AND PARKS TO ENTER INTO AGREEMENTS AND CONTRACTS WITH ANY PERSON OR PRIVATE OR 
GOVERNMENTAL ENTITY FOR THE PURPOSE OF OBTAINING SERVICES NECESSARY TO MANAGE, 
MAINTAIN, OPERATE OR IMPROVE THE HOLMES COUNTY STATE PARK; AND FOR RELATED 
PURPOSES.

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

���� SECTION 
1.� For the purposes of Sections 1 through 5 of this act, the following 
terms have the meanings as defined in this section unless the context clearly 
requires otherwise:

��������� (a)� 
"Commission" means the Mississippi Commission on Wildlife, Fisheries 
and Parks.

��������� (b)� 
"Department" means the Mississippi Department of Wildlife, Fisheries 
and Parks.

��������� (c)� 
"MDA" means the Mississippi Development Authority.

���� SECTION 
2.�� (1)� The Mississippi Development Authority and the Mississippi 
Department of Wildlife, Fisheries and Parks, with the approval of the 
Commission on Wildlife, Fisheries and Parks, may identify certain land or 
property within the Holmes County State Park which may be leased to third 
parties for commercial and/or residential development.� The MDA and the 
commission shall establish criteria for identifying such land or property, 
including, but not limited to, whether or not the land or property is owned by 
the state in fee simple and may be improved for commercial, residential or 
other development, or, whether the land or property is leased from the federal 
government or an agency thereof, and may be restricted by federal law or 
regulations or by the terms of such lease to limited development purposes.� 
Sixteenth section or lieu lands may not be leased under this act.� 

���� (2)� 
Before approving any land or property in the Holmes County State Park for lease 
and development, whether the lease is for commercial or residential purposes, 
the commission must make an affirmative finding and enter upon its official 
minutes a statement that the development of the land will not be incompatible 
with the outdoor recreational purposes and opportunities existing at the park.

���� (3)� The MDA shall provide 
the technical assistance and advice to the commission and the department as may 
be necessary to obtain the best combination of revenue producing development 
opportunities and projects that complement the unique qualities of the park.� 
In addition, the MDA shall assist the department in complying with all 
applicable state guidelines for leasing state land for development.

���� (4)� If any lease executed 
under this act results in a person being terminated or removed from employment 
with the department, the department must give preference to hiring that person 
when filling vacant or new employment positions elsewhere within the 
department.

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

���� (6)� Rental payments due 
under any lease executed under this act must be paid to the department and 
deposited into the Holmes County State Park Lease Development Endowment Fund 
created in Section 4 of this act.

���� (7)� Before the commission 
or department may lease the land or property to a third party, the lease of 
land or property must be authorized specifically by an act of the Legislature 
that amends or refers to this section.

���� (8)� Any construction 
occurring on land or property leased under this act must comply fully with all 
applicable state laws, rules and regulations and any local building codes and