Bill Text: MS SB2698 | 2014 | Regular Session | Introduced


Bill Title: Wildlife Infrastructure Support Revolving Loan Fund; create to provide loans to counties and municipalities for wildlife infrastructure.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-02-04 - Died In Committee [SB2698 Detail]

Download: Mississippi-2014-SB2698-Introduced.html

MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Wildlife, Fisheries and Parks; Finance

By: Senator(s) Ward

Senate Bill 2698

AN ACT TO ESTABLISH A WILDLIFE INFRASTRUCTURE IMPROVEMENTS REVOLVING LOAN PROGRAM FOR THE PURPOSE OF ASSISTING COUNTIES AND MUNICIPALITIES IN CERTAIN INFRASTRUCTURE IMPROVEMENTS; TO CREATE A SPECIAL FUND IN THE STATE TREASURY, DESIGNATED AS THE "WILDLIFE INFRASTRUCTURE SUPPORT REVOLVING LOAN FUND"; TO PRESCRIBE THE MANNER IN WHICH FUNDS UNDER THIS ACT MAY BE MADE AVAILABLE AND EXPENDED BY COUNTIES AND MUNICIPALITIES; TO PRESCRIBE THE POWERS AND DUTIES OF THE COMMISSION ON WILDLIFE, FISHERIES AND PARKS UNDER THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  There is established a local governments capital improvements revolving loan program to be administered by the Commission on Wildlife, Fisheries and Parks for the purpose of assisting counties and municipalities in as provided in subsection (2) of this section.

     (2)  Loans from the program may be utilized for the following purposes:

          (a)  Construction or repair of nature trails;

          (b)  Construction or repair of boat ramps;

          (c)  Construction or repair of access to public hunting and fishing areas and other public outdoor areas and other improvements to such areas, including, but not limited to road construction and repair, bridge construction and repair, drainage and related infrastructure needs; and

          (d)  To provide any local matching funds required for receipt of federal or state funds for the purposes authorized in paragraphs (a) through (c) of this subsection.

     SECTION 2.  (1)  (a)  There is created a special fund in the State Treasury to be designated as the "Wildlife Infrastructure Support Revolving Loan Fund," which fund shall consist of money from and source designated for deposit therein and repayments of loans made under this act.  Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the fund.  Monies in the fund may not be used or expended for any purpose except as authorized under this act.

     (2)  A county or an incorporated municipality may apply to the Commission on Wildlife, Fisheries and Parks for a loan under the wildlife infrastructure revolving loan program established under this act.

     (3)  The Commission on Wildlife, Fisheries and Parks shall establish a loan program by which loans, which shall bear no interest, may be made available to counties and incorporated municipalities to assist counties and incorporated municipalities in making capital improvements to wildlife infrastructure.  Loans from the revolving fund may be made to counties and municipalities as set forth in a loan agreement in amounts not to exceed one hundred percent (100%) of eligible project costs as established by the Commission on Wildlife, Fisheries and Parks.  The Commission on Wildlife, Fisheries and Parks may require county or municipal participation or funding from other sources, or otherwise limit the percentage of costs covered by loans from the revolving fund.  The Commission on Wildlife, Fisheries and Parks may establish a maximum amount for any loan in order to provide for broad and equitable participation in the program.

     (4)  A county that receives a loan from the revolving fund shall pledge for repayment of the loan any part of the homestead exemption annual tax loss reimbursement to which it may be entitled under Section 27-33-77.  An incorporated municipality that receives a loan from the revolving fund shall pledge for repayment of the loan any part of the sales tax revenue distribution to which it may be entitled under Section 27-65-75.  Each loan agreement shall provide for (i) monthly payments, (ii) semiannual payments, or (iii) other periodic payments, the annual total of which shall not exceed the annual total for any other year of the loan by more than fifteen percent (15%).  The loan agreement shall provide for the repayment of all funds received within not more than ten (10) years from the date of project completion.

     (5)  The State Auditor, upon request of the Commission on Wildlife, Fisheries and Parks, shall audit the receipts and expenditures of a county or an incorporated municipality whose loan payments appear to be in arrears, and if he finds that the county or municipality is in arrears in such payments, he shall immediately notify the Executive Director of the Department of Finance and Administration who shall withhold all future payments to the county of homestead exemption reimbursements under Section 27-33-77 and all sums allocated to the county or the municipality under Section 27-65-75 until such time as the county or the municipality is again current in its loan payments as certified by the Mississippi Development Authority.

     (6)  Evidences of indebtedness which are issued pursuant to this chapter shall not be deemed indebtedness within the meaning specified in Section 21-33-303 with regard to cities or incorporated towns, and in Section 19-9-5 with regard to counties.

     SECTION 3.  In administering the provisions of this act, the Commission on Wildlife, Fisheries and Parks shall have the following powers and duties:

          (a)  To supervise the use of all funds made available under this act;

          (b)  To review and certify all projects for which funds are authorized to be made available under this act;

          (c)  To requisition money in the Wildlife Infrastructure Support Revolving Loan Fund and distribute those monies on a project-by-project basis in accordance with the provisions of this act;

          (d)  To insure that the funds made available to a county or an incorporated municipality under this act provide for an equitable distribution of projects and funds among the counties and incorporated municipalities;

          (e)  To maintain an accurate record of all funds made available to counties and municipalities and the costs for each project;

          (f)  To adopt and promulgate such rules and regulations as may be necessary or desirable for the purpose of implementing the provisions of this act; and

          (g)  To file annually with the Legislature a report detailing how money in the Wildlife Infrastructure Support Revolving Loan Fund were spent during the preceding fiscal year in each county and incorporated municipality, the number of projects approved and constructed, and the cost of each project.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2014.

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