MISSISSIPPI LEGISLATURE REGULAR SESSION 2021 By
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MISSISSIPPI LEGISLATURE REGULAR SESSION 2021 By: Senator(s) Whaley To: Wildlife, Fisheries and Parks SENATE BILL NO. 2486 1 AN ACT TO DIRECT THE COMMISSION ON WILDLIFE, FISHERIES AND 2 PARKS NOT TO RENEW ITS LEASES WITH THE UNITED STATES ARMY CORPS OF 3 ENGINEERS FOR JOHN W. KYLE STATE PARK, GEORGE P. COSSAR STATE PARK 4 AND HUGH WHITE STATE PARK; TO PROVIDE THAT LAKE LINCOLN STATE PARK 5 SHALL CEASE TO BE MAINTAINED AND OPERATED AS A STATE PARK AND 6 SHALL INSTEAD BE MAINTAINED AND OPERATED AS A FISHERIES LAKE; TO 7 PROVIDE THAT NATCHEZ STATE PARK SHALL CEASE TO BE MAINTAINED AND 8 OPERATED AS A STATE PARK AND SHALL INSTEAD BE MAINTAINED AND 9 OPERATED AS A WILDLIFE MANAGEMENT AREA; TO DIRECT THE COMMISSION 10 TO CONVEY CERTAIN STATE PARKS TO CERTAIN COUNTIES OR 11 MUNICIPALITIES TO BE MAINTAINED AND OPERATED AS COUNTY OR 12 MUNICIPAL PARKS; TO DIRECT THE COMMISSION TO OFFER CERTAIN 13 GROUPINGS OF STATE PARKS FOR LEASE TO PRIVATE COMPANIES THAT WILL 14 AGREE TO MAINTAIN AND OPERATE THE PARKS FOR THE RECREATIONAL 15 BENEFIT OF THE PUBLIC; TO SET THE PRICE OF ADMISSION TO THE STATE 16 PARKS TO BE MAINTAINED AND OPERATED BY PRIVATE COMPANIES; TO 17 PROVIDE THAT ALL FUNDS RAISED BY THE OPERATION OF THE PARKS UNDER 18 THE LEASES SHALL BE DEPOSITED INTO THE FISH AND WILDLIFE FUND 19 CREATED IN SECTION 49-5-21; TO PROVIDE THAT THE LEASES SHALL BE 20 DRAFTED BY A FOUR-MEMBER COMMISSION, TWO OF WHOM SHALL BE 21 APPOINTED BY THE GOVERNOR AND TWO OF WHOM SHALL BE APPOINTED BY 22 THE LIEUTENANT GOVERNOR; TO SET AN APPOINTMENT DEADLINE OF JULY 1, 23 2021, AFTER WHICH THE GOVERNOR MAY MAKE THE LIEUTENANT GOVERNOR'S 24 UNFILLED APPOINTMENTS, AND THE LIEUTENANT GOVERNOR MAY MAKE THE 25 GOVERNOR'S UNFILLED APPOINTMENTS; TO AMEND SECTIONS 29-1-1 AND 26 55-3-47, MISSISSIPPI CODE OF 1972, TO EXEMPT FROM THE REQUIREMENTS 27 OF THOSE SECTIONS THE CONVEYANCES OF CERTAIN STATE PARKS BY THE 28 COMMISSION TO CERTAIN COUNTIES OR MUNICIPALITIES; TO AMEND SECTION 29 67-1-5, MISSISSIPPI CODE OF 1972, TO GIVE QUALIFIED RESORT AREA 30 STATUS TO THE STATE PARKS LEASED BY THE COMMISSION TO PRIVATE 31 COMPANIES FOR MAINTENANCE AND OPERATION; AND FOR RELATED PURPOSES. 32 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ G3/5 21/SS26/R504 PAGE 1 (icj\lr) 33 SECTION 1. (1) The Commission on Wildlife, Fisheries and 34 Parks shall not renew its leases with the United States Army Corps 35 of Engineers for the following state parks: 36 John W. Kyle State Park 37 Panola County, Mississippi 38 George P. Cossar State Park 39 Yalobusha County, Mississippi 40 Hugh White State Park 41 Grenada County, Mississippi 42 (2) Lake Lincoln State Park shall cease to be maintained and 43 operated as a state park and shall instead be maintained and 44 operated as a fisheries lake. 45 (3) Natchez State Park shall cease to be maintained and 46 operated as a state park and shall instead be maintained and 47 operated as a wildlife management area. 48 (4) The Commission on Wildlife, Fisheries and Parks shall 49 convey each of the state parks listed below as follows: 50 (a) Great River Road State Park shall be conveyed 51 either to the Board of Supervisors of Bolivar County, Mississippi, 52 to be maintained and operated as a county park, or to the Town of 53 Rosedale, Mississippi, to be maintained and operated as a town 54 park; 55 (b) Florewood State Park shall be conveyed to the City 56 of Greenwood, Mississippi, to be maintained and operated as a city 57 park; S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 2 (icj\lr) 58 (c) Tombigbee State Park shall be conveyed to the Board 59 of Supervisors of Lee County, Mississippi, to be maintained and 60 operated as a county park; 61 (d) Lake Lowndes State Park shall be conveyed to the 62 Board of Supervisors of Lowndes County, Mississippi, to be 63 maintained and operated as a county park; 64 (e) Legion State Park shall be conveyed to the City of 65 Louisville, Mississippi, to be maintained and operated as a city 66 park; and 67 (f) Paul B. Johnson State Park shall be conveyed to the 68 City of Hattiesburg, Mississippi, to be maintained and operated as 69 a city park. 70 (5) (a) The conveyance of a state park to a county or 71 municipality under subsection (4) of this section shall be for the 72 consideration of such county's or municipality's agreement to 73 maintain and operate the conveyed state park land as a county or 74 municipal park. Any such conveyance shall provide that title to 75 the land shall revert to the State of Mississippi in the event the 76 county or municipality fails to maintain and operate the land as a 77 county or municipal park. 78 (b) If title to the land conveyed to the City of 79 Hattiesburg, Mississippi, under subsection (4)(f) of this section 80 reverts to the State of Mississippi, that land shall be included 81 among the parks grouped together for lease under subsection (6) of 82 this section upon the next renewal of the lease. S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 3 (icj\lr) 83 (6) (a) The Commission on Wildlife, Fisheries and Parks 84 shall offer the following state parks in a single group for lease 85 to a private company that will agree to maintain and operate the 86 parks for the recreational benefit of the public under the terms 87 and conditions in subsection (9) of this section: 88 Percy Quin State Park 89 Pike County, Mississippi 90 Buccaneer State Park 91 Hancock County, Mississippi 92 (b) As provided in subsection (5)(b) of this section, 93 Paul B. Johnson State Park may be included in the group offered 94 for lease under this subsection (6). If Paul B. Johnson State 95 Park is included in the lease, the private company on the lease 96 will agree to maintain and operate it for the recreational benefit 97 of the public under the terms and conditions in subsection (9) of 98 this section. 99 (c) Clark Creek Natural Area shall be included in the 100 group offered for lease under this subsection (6). However, it 101 shall not be maintained and operated under the terms and 102 conditions in subsection (9) of this section but shall instead 103 continue to be maintained and operated as a natural area. 104 (7) The Commission on Wildlife, Fisheries and Parks shall 105 offer the following state parks in a single group for lease to a 106 private company that will agree to maintain and operate the parks S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 4 (icj\lr) 107 for the recreational benefit of the public under the terms and 108 conditions in subsection (9) of this section: 109 Golden Memorial State Park 110 Scott and Leake Counties, Mississippi 111 Roosevelt State Park 112 Scott County, Mississippi 113 Clarkco State Park 114 Clarke County, Mississippi 115 (8) The Commission on Wildlife, Fisheries and Parks shall 116 offer the following state parks in a single group for lease to a 117 private company that will agree to maintain and operate the parks 118 for the recreational benefit of the public under the terms and 119 conditions in subsection (9) of this section: 120 Wall Doxey State Park 121 Marshall County, Mississippi 122 J.P. Coleman State Park 123 Tishomingo County, Mississippi 124 Tishomingo State Park 125 Tishomingo County, Mississippi 126 Trace State Park 127 Pontotoc County, Mississippi 128 (9) With the exception of Clark Creek Natural Area as 129 provided in subsection (6)(c) of this section, the leases under 130 subsections (6), (7) and (8) of this section shall have the 131 following terms and conditions: S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 5 (icj\lr) 132 (a) Admission for each person under the age of eighteen 133 (18) shall be One Dollar ($1.00). Admission for each person 134 eighteen (18) years of age or older, but under the age of 135 sixty-five (65), shall be Four Dollars ($4.00). Admission for 136 each person sixty-five (65) years of age or older shall be Two 137 Dollars ($2.00). 138 (b) All funds raised by the operation of the parks 139 under the lease shall be deposited into the Fisheries and Wildlife 140 Fund created in Section 49-5-21. 141 (c) The private company on the lease shall agree to 142 assume responsibility for all operations and amenities of the 143 state park currently managed by the state, as may be the case for 144 each state park at the time the parties enter into the lease 145 agreement. 146 (10) The leases under subsections (6), (7) and (8) of this 147 section shall be drafted by a commission composed of four (4) 148 members, two (2) of whom shall be appointed by the Governor and 149 two (2) of whom shall be appointed by the Lieutenant Governor. A 150 Governor's appointment not made by 5:00 p.m. on July 1, 2021, may 151 be made by the Lieutenant Governor. A Lieutenant Governor's 152 appointment not made by 5:00 p.m. on July 1, 2021, may be made by 153 the Governor.