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 ; 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 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, 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) 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 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) 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 111 112 Scott County, Mississippi

113 114 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:

120 121 Marshall County, Mississippi 122 J.P. Coleman State Park 123 Tishomingo County, Mississippi 124

125 Tishomingo County, Mississippi 126

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.

154 SECTION 2. Section 29-1-1, Mississippi Code of 1972, is 155 amended as follows:

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 6 (icj\lr) 156 29-1-1. (1) Except as otherwise provided in subsections 157 (7), (8), (9) and (13) of this section, the title to all lands

158 held by any agency of the State of Mississippi shall appear on all 159 deeds and land records under the name of the "State of 160 Mississippi." A deed may also recite the name of the agency for 161 whose benefit and use the land is acquired, but the recital shall

162 not be deemed or construed to be a limitation on the grant or an 163 impairment of title held by the State of Mississippi. Use and 164 possession of the land may be reassigned by act of the Legislature 165 or by interagency conveyance where each agency has statutory 166 authority to acquire and dispose of land. For the purpose of this 167 section, the term "agency" shall be defined as set forth in 168 Section 31-7-1(a). The provisions of this section shall not

169 affect the authority of any agency to use any land held by the 170 agency. No assets or property of the Public Employees' Retirement 171 System of Mississippi shall be transferred in violation of Section 172 272A of the Mississippi Constitution of 1890. Each state agency

173 shall inventory any state-held lands which are titled in the name 174 of the agency. The agency shall execute quitclaim deeds and any 175 other necessary documents to transfer the name and title of the

176 property to the State of Mississippi. State agencies shall 177 furnish to the Secretary of State certified copies of the 178 quitclaim deeds and all other deeds whereby the state agency 179 acquires or disposes of state-held land.

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 7 (icj\lr) 180 (2) The Secretary of State, under the general direction of 181 the Governor and as authorized by law, shall sell and convey the 182 public lands in the manner and on the terms provided herein for 183 the several classes thereof; he shall perform all the 184 administrative and executive duties appertaining to the selection, 185 location, surveying, platting, listing, and registering these

186 lands or otherwise concerning them; and he shall investigate the 187 status of the various "percent" funds accrued and accruing to the 188 state from the sale of lands by the United States, and shall 189 collect and pay the funds into the Treasury in the manner provided 190 by law. The Secretary of State, with the approval of the 191 Governor, acting on behalf of the state, may accept gifts or 192 donations of land to the State of Mississippi.

193 (3) In accordance with Sections 7-11-11 and 7-11-13, the 194 Secretary of State shall be required to sign all conveyances of 195 all state-held land. For purposes of this section, the term 196 "conveyance" shall mean any sale or purchase of land by the State 197 of Mississippi for use by any agency, board or commission thereof.

198 Failure to obtain legislative approval pursuant to subsection (4) 199 of this section and the signature of the Secretary of State on any

200 conveyance regarding the sale or purchase of lands for the state 201 including any agency, board or commission thereof, shall render 202 the attempted sale or purchase of the lands void. Nothing in this 203 section shall be construed to authorize any state agency, board, 204 commission or public official to convey any state-held land unless

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 8 (icj\lr) 205 this authority is otherwise granted by law. The Secretary of 206 State shall not withhold arbitrarily his signature from any 207 purchase or sale authorized by the Mississippi State Legislature. 208 Except for those lands forfeited to the state for the nonpayment 209 of taxes, conveyed to another state agency or entity as provided 210 in subsection (11) of this section or acquired by the Mississippi

211 Transportation Commission under Section 65-1-123, no state-held

212 land shall be sold for less than the fair market value as 213 determined by two (2) professional appraisers selected by the 214 State Department of Finance and Administration, who are certified 215 general appraisers of the State of Mississippi. The proceeds from 216 any sale by an agency, board, commission or public official of 217 state-held lands shall be deposited into the State General Fund

218 unless otherwise provided by law. 219 (4) Before any state-held land is sold to any individual or 220 private entity, thirty (30) days' advance notice of the intended 221 sale shall be provided by the Secretary of State to the State 222 Legislature and to all state agencies for the purpose of

223 ascertaining whether an agency has a need for the land and for the 224 purpose of ascertaining whether the sale of the land was

225 authorized by law. If no agency of the state expresses in writing 226 to the Secretary of State by the end of the thirty-day period a 227 desire to use the land, then the Secretary of State, with the 228 prior approval of the Mississippi Legislature to sell the 229 state-held land, may offer the land for sale to any individual or

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 9 (icj\lr) 230 private entity. Such notice to state agencies is given in aid of 231 internal management of the real property inventory of the state, 232 and this notice requirement shall not be applied to challenge or 233 defeat any title heretofore or hereafter granted by the state 234 under any law authorized by the Mississippi Legislature providing 235 for the sale or disposal of property.

236 (5) A cultural resources survey may be performed on any 237 state-held land before the disposition of the land if the 238 Mississippi Department of Archives and History deems this survey 239 necessary. The cost of the survey and any archaeological studies 240 deemed necessary by the Mississippi Department of Archives and 241 History shall be paid by the selling agency and recouped from the 242 proceeds of the sale.

243 (6) Before any land may be purchased by the state for the 244 benefit of any state agency, the Secretary of State, or his 245 designee, shall search and examine all state land records to 246 determine whether the state owns any land that may fit the 247 particular need of the agency. The Secretary of State, or his

248 designee, shall notify the agency if it is determined that any 249 state-held land is available for use by the agency. The agency

250 shall determine if such land accommodates its needs and shall 251 determine whether to make an official request to the proper 252 authorities to have the use of the land. 253 (7) This section shall not apply to: (a) any lands 254 purchased or acquired for construction and maintenance of highways

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 10 (icj\lr) 255 or highway rights-of-way by the Mississippi Department of 256 Transportation, or (b) any lands acquired by the state by 257 forfeiture for nonpayment of ad valorem taxes and heretofore or 258 hereafter sold under authority of any other section of Chapter 1, 259 Title 29, specifically relating to tax-forfeited lands.

260 (8) This section shall not apply to any lands purchased 261 solely by the use of federal funds or lands for which authority to 262 transfer or dispose of these lands is governed by federal law or 263 federal regulations insofar as the application of this section 264 limits or impairs the ability of the Secretary of State to acquire 265 or dispose of the land. However, any state agency acquiring or 266 disposing of land exempted from the application of this section by 267 this subsection shall furnish the Secretary of State certified

268 copies of all deeds executed for those transfers or disposals. 269 (9) Any lands purchased by the Mississippi Major Economic 270 Impact Authority for a "project" as defined in Section 57-75-5 271 shall be excluded from the provisions of this section. 272 (10) The Secretary of State may recover from any agency,

273 corporation, board, commission, entity or individual any cost that 274 is incurred by his office for the record-keeping responsibilities

275 regarding the sale or purchase of any state-held lands.

276 (11) Subsections (4), (5) and (6) of this section shall not 277 apply to sales or purchases of land when the Legislature expressly 278 authorizes or directs a state agency to sell, purchase or 279 lease-purchase a specifically described property. However, when

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 11 (icj\lr) 280 the Legislature authorizes a state agency to sell or otherwise 281 convey specifically described real property to another state 282 agency or other entity such as a county, municipality, economic 283 development district created under Section 19-5-99 or similar 284 entity, without providing that the conveyance may not be made for 285 less than the fair market value of the property, then the state

286 agency authorized to convey such property must make the following 287 determinations before conveying the property: 288 (a) That the state agency or other entity to which the 289 proposed conveyance is to be made has an immediate need for the 290 property; 291 (b) That there are quantifiable benefits that will 292 inure to the state agency or other entity to which the proposed

293 conveyance is to be made which outweigh any quantifiable costs to 294 the state agency authorized to make the conveyance; and 295 (c) That the state agency or other entity to which the 296 proposed conveyance is to be made lacks available funds to pay 297 fair market value for the property. If the state agency

298 authorized to convey such property fails to make such 299 determinations, then it shall not convey the property for less

300 than the fair market value of the property. 301 (12) This section shall not apply to the donation and 302 conveyance of the Nanih Waiya State Park to the Mississippi Band 303 of Choctaw Indians.

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 12 (icj\lr) 304 (13) This section shall not apply to any lands acquired, 305 sold, or leased pursuant to Section 59-5-1 et seq. 306 (14) This section shall not apply to the conveyances made by 307 the Commission on Wildlife, Fisheries and Parks under Section 1(4) 308 of this act.

309 SECTION 3. Section 55-3-47, Mississippi Code of 1972, is 310 amended as follows: 311 55-3-47. (1) In order to carry out its management 312 responsibilities over all state park lands which are now or which 313 may hereafter come under its jurisdiction, the Mississippi 314 Department of Wildlife, Fisheries and Parks is hereby authorized 315 to lease, and to grant easements and rights-of-way over and 316 across, any part of such state park lands. Such leases, easements

317 and rights-of-way may be granted for such consideration, and upon 318 such terms and conditions, as the department may deem to be in the 319 best interest of the state, consistent with the use of said lands 320 for recreational purposes, and subject to the following 321 limitations: The department shall lease such lands for a term not

322 exceeding twenty-five (25) years and shall grant in the original 323 lease contract a nonnegotiable option to renew such lease for an

324 additional term not to exceed twenty-five (25) years. Both the 325 original lease contract and the option to renew such lease shall 326 be transferable contracts. Further, the department shall not 327 lease such lands for purposes which are incompatible with 328 recreational use and may place such terms, limitations,

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 13 (icj\lr) 329 restrictions and conditions in such leases as are deemed necessary 330 to ensure the proper utilization of such lands. Any easement for 331 a utility line shall be granted for that period of time which the 332 department deems to be in the best interest of a state park. 333 (2) The department is further authorized to enter into such 334 agreements as may be required, upon such terms as may be found to

335 be in the best interest of the state, in settlement of disputes or 336 litigation regarding the title to or boundaries of any state park 337 lands within the jurisdiction of the department, provided such 338 settlement agreements shall be negotiated and drafted with the 339 advice, counsel and assistance of the Attorney General and shall 340 be approved by the Department of Finance and Administration. 341 (3) In case any of the real estate within any state park

342 under the jurisdiction of the department shall cease to be used or 343 useful for state park purposes, or becomes the subject of boundary 344 or title disputes or litigation, the department may sell and 345 convey the same, with the approval of the Department of Finance 346 and Administration, upon such terms as the Department of Finance

347 and Administration may elect and may, in addition, exchange the 348 same, with the approval of the department, for real estate

349 belonging to any other political subdivision or state, county or 350 local governmental agency or department. The department is 351 authorized to sell and convey or otherwise transfer any state park 352 or historical site as described in subsection (2) of Section 353 55-3-33. Before any such sale or transfer, except as may occur in

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 14 (icj\lr) 354 settlement of title or boundary disputes or litigation, the 355 department shall publish notice of its intention to sell the park 356 land by public sale to the highest and best bidder at least once 357 each week for three (3) consecutive weeks in at least one (1) 358 public newspaper of general circulation in the county where such 359 land is located and also in at least one (1) newspaper of general

360 circulation throughout the state. Prior to any such sale, the 361 department shall obtain at least two (2) separate and independent 362 appraisals of the land to be sold and may not accept any bid lower 363 than the average of all appraisals made. The department may 364 reject any and all bids. The owner or any co-owner of record next 365 preceding the state in title to any lands sold hereunder by public 366 bid, excluding any entity which may have exercised the power of

367 eminent domain to assist the state in acquiring said lands, shall 368 have the opportunity to reacquire such lands by matching the 369 successful bid therefor. If the owner or any co-owner of record 370 next preceding the state in title, or the heirs or estate of such 371 owner or co-owner, acquires said lands, then the department shall

372 not reserve unto the state any minerals owned by the state 373 underlying the conveyed lands. However, if anyone other than such

374 owner or co-owner, or his heirs or estate, acquires said lands, 375 then the department shall reserve unto the state one-half (1/2) of 376 the minerals owned by the state underlying the conveyed lands, 377 except for lands sold in settlement of title or boundary disputes 378 or litigation, in which case the department may, in its

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 15 (icj\lr) 379 discretion, reserve said minerals. Appraisal fees shall be shared 380 equally by the department and purchaser. 381 (4) In exercising the authority granted in this section, the 382 department may act by and through its executive director in the 383 execution of any document or instrument prepared hereunder. Any 384 lease, deed or settlement agreement executed under the provisions

385 of this section shall bear the seal and attest of the Secretary of 386 State, with whom said instrument or document shall be filed and 387 recorded in addition to any other recording requirements of state 388 law. 389 This section shall not apply to sixteenth section school 390 lands or lieu lands included within any state park, except as may 391 be necessary or appropriate for the department to ratify or

392 confirm any action taken by the agency or department having 393 jurisdiction over such school or lieu lands. 394 All revenues collected by the department by virtue of any 395 transaction consummated under the provisions of this section shall 396 be deposited in the Mississippi Park Fund created by Section

397 55-3-41, from which funds shall be expended only as authorized by 398 the legislative appropriations process.

399 (5) This section shall not apply to the donation and 400 conveyance of the Nanih Waiya State Park to the Mississippi Band 401 of Choctaw Indians.

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 16 (icj\lr) 402 (6) This section shall not apply to the conveyances made by 403 the Commission on Wildlife, Fisheries and Parks under Section 1(4) 404 of this act.

405 SECTION 4. Section 67-1-5, Mississippi Code of 1972, is 406 amended as follows: 407 67-1-5. For the purposes of this chapter and unless

408 otherwise required by the context: 409 (a) "Alcoholic beverage" means any alcoholic liquid, 410 including wines of more than five percent (5%) of alcohol by 411 weight, capable of being consumed as a beverage by a human being, 412 but shall not include light wine, light spirit product and beer, 413 as defined in Section 67-3-3, Mississippi Code of 1972, but shall 414 include native wines. The words "alcoholic beverage" shall not

415 include ethyl alcohol manufactured or distilled solely for fuel 416 purposes or beer of an alcoholic content of more than eight 417 percent (8%) by weight if the beer is legally manufactured in this 418 state for sale in another state. 419 (b) "Alcohol" means the product of distillation of any

420 fermented liquid, whatever the origin thereof, and includes 421 synthetic ethyl alcohol, but does not include denatured alcohol or

422 wood alcohol. 423 (c) "Distilled spirits" means any beverage containing 424 more than four percent (4%) of alcohol by weight produced by 425 distillation of fermented grain, starch, molasses or sugar, 426 including dilutions and mixtures of these beverages.

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 17 (icj\lr) 427 (d) "Wine" or "vinous liquor" means any product 428 obtained from the alcoholic fermentation of the juice of sound, 429 ripe grapes, fruits, honey or berries and made in accordance with 430 the revenue laws of the United States. 431 (e) "Person" means and includes any individual, 432 partnership, corporation, association or other legal entity

433 whatsoever. 434 (f) "Manufacturer" means any person engaged in 435 manufacturing, distilling, rectifying, blending or bottling any 436 alcoholic beverage. 437 (g) "Wholesaler" means any person, other than a 438 manufacturer, engaged in distributing or selling any alcoholic 439 beverage at wholesale for delivery within or without this state

440 when such sale is for the purpose of resale by the purchaser. 441 (h) "Retailer" means any person who sells, distributes, 442 or offers for sale or distribution, any alcoholic beverage for use 443 or consumption by the purchaser and not for resale. 444 (i) "State Tax Commission," "commission" or

445 "department" means the Department of Revenue of the State of 446 Mississippi, which shall create a division in its organization to

447 be known as the Alcoholic Beverage Control Division. Any 448 reference to the commission or the department hereafter means the 449 powers and duties of the Department of Revenue with reference to 450 supervision of the Alcoholic Beverage Control Division.

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 18 (icj\lr) 451 (j) "Division" means the Alcoholic Beverage Control 452 Division of the Department of Revenue. 453 (k) "Municipality" means any incorporated city or town 454 of this state. 455 (l) "Hotel" means an establishment within a 456 municipality, or within a qualified resort area approved as such

457 by the department, where, in consideration of payment, food and 458 lodging are habitually furnished to travelers and wherein are 459 located at least twenty (20) adequately furnished and completely 460 separate sleeping rooms with adequate facilities that persons 461 usually apply for and receive as overnight accommodations. Hotels 462 in towns or cities of more than twenty-five thousand (25,000) 463 population are similarly defined except that they must have fifty

464 (50) or more sleeping rooms. Any such establishment described in 465 this paragraph with less than fifty (50) beds shall operate one or 466 more regular dining rooms designed to be constantly frequented by 467 customers each day. When used in this chapter, the word "hotel" 468 shall also be construed to include any establishment that meets

469 the definition of "bed and breakfast inn" as provided in this 470 section.

471 (m) "Restaurant" means: 472 (i) A place which is regularly and in a bona fide 473 manner used and kept open for the serving of meals to guests for 474 compensation, which has suitable seating facilities for guests, 475 and which has suitable kitchen facilities connected therewith for

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 19 (icj\lr) 476 cooking an assortment of foods and meals commonly ordered at 477 various hours of the day; the service of such food as sandwiches 478 and salads only shall not be deemed in compliance with this 479 requirement. Except as otherwise provided in this paragraph, no 480 place shall qualify as a restaurant under this chapter unless 481 twenty-five percent (25%) or more of the revenue derived from such

482 place shall be from the preparation, cooking and serving of meals 483 and not from the sale of beverages, or unless the value of food 484 given to and consumed by customers is equal to twenty-five percent 485 (25%) or more of total revenue; or 486 (ii) Any privately owned business located in a 487 building in a historic district where the district is listed in 488 the National Register of Historic Places, where the building has a

489 total occupancy rating of not less than one thousand (1,000) and 490 where the business regularly utilizes ten thousand (10,000) square 491 feet or more in the building for live entertainment, including not 492 only the stage, lobby or area where the audience sits and/or 493 stands, but also any other portion of the building necessary for

494 the operation of the business, including any kitchen area, bar 495 area, storage area and office space, but excluding any area for

496 parking. In addition to the other requirements of this 497 subparagraph, the business must also serve food to guests for 498 compensation within the building and derive the majority of its 499 revenue from event-related fees, including, but not limited to, 500 admission fees or ticket sales to live entertainment in the

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 20 (icj\lr) 501 building, and from the rental of all or part of the facilities of 502 the business in the building to another party for a specific event 503 or function. 504 (n) "Club" means an association or a corporation: 505 (i) Organized or created under the laws of this 506 state for a period of five (5) years prior to July 1, 1966;

507 (ii) Organized not primarily for pecuniary profit 508 but for the promotion of some common object other than the sale or 509 consumption of alcoholic beverages; 510 (iii) Maintained by its members through the 511 payment of annual dues; 512 (iv) Owning, hiring or leasing a building or space 513 in a building of such extent and character as may be suitable and

514 adequate for the reasonable and comfortable use and accommodation 515 of its members and their guests; 516 (v) The affairs and management of which are 517 conducted by a board of directors, board of governors, executive 518 committee, or similar governing body chosen by the members at a

519 regular meeting held at some periodic interval; and 520 (vi) No member, officer, agent or employee of

521 which is paid, or directly or indirectly receives, in the form of 522 a salary or other compensation any profit from the distribution or 523 sale of alcoholic beverages to the club or to members or guests of 524 the club beyond such salary or compensation as may be fixed and

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 21 (icj\lr) 525 voted at a proper meeting by the board of directors or other 526 governing body out of the general revenues of the club. 527 The department may, in its discretion, waive the five-year 528 provision of this paragraph. In order to qualify under this 529 paragraph, a club must file with the department, at the time of 530 its application for a license under this chapter, two (2) copies

531 of a list of the names and residences of its members and similarly 532 file, within ten (10) days after the election of any additional 533 member, his name and address. Each club applying for a license 534 shall also file with the department at the time of the application 535 a copy of its articles of association, charter of incorporation, 536 bylaws or other instruments governing the business and affairs 537 thereof.

538 (o) "Qualified resort area" means any area or locality 539 outside of the limits of incorporated municipalities in this state 540 commonly known and accepted as a place which regularly and 541 customarily attracts tourists, vacationists and other transients 542 because of its historical, scenic or recreational facilities or

543 attractions, or because of other attributes which regularly and 544 customarily appeal to and attract tourists, vacationists and other

545 transients in substantial numbers; however, no area or locality 546 shall so qualify as a resort area until it has been duly and 547 properly approved as such by the department. The department may 548 not approve an area as a qualified resort area after July 1, 2018, 549 if any portion of such proposed area is located within two (2)

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 22 (icj\lr) 550 miles of a convent or monastery that is located in a county 551 traversed by Interstate 55 and U.S. Highway 98. A convent or 552 monastery may waive such distance restrictions in favor of 553 allowing approval by the department of an area as a qualified 554 resort area. Such waiver shall be in written form from the owner, 555 the governing body, or the appropriate officer of the convent or

556 monastery having the authority to execute such a waiver, and the 557 waiver shall be filed with and verified by the department before 558 becoming effective. 559 (i) The department may approve an area or locality 560 outside of the limits of an incorporated municipality that is in 561 the process of being developed as a qualified resort area if such 562 area or locality, when developed, can reasonably be expected to

563 meet the requisites of the definition of the term "qualified 564 resort area." In such a case, the status of qualified resort area 565 shall not take effect until completion of the development. 566 (ii) The term includes any state park which is 567 declared a resort area by the department; however, such

568 declaration may only be initiated in a written request for resort 569 area status made to the department by the Executive Director of

570 the Department of Wildlife, Fisheries and Parks, and no permit for 571 the sale of any alcoholic beverage, as defined in this chapter, 572 except an on-premises retailer's permit, shall be issued for a 573 hotel, restaurant or bed and breakfast inn in such park. 574 (iii) The term includes:

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 23 (icj\lr) 575 1. The clubhouses associated with the state 576 park golf courses at the Lefleur's Bluff State Park, the John Kyle 577 State Park, the Percy Quin State Park and the Hugh White State 578 Park; 579 2. The clubhouse and associated golf course, 580 tennis courts and related facilities and swimming pool and related

581 facilities where the golf course, tennis courts and related 582 facilities and swimming pool and related facilities are adjacent 583 to one or more planned residential developments and the golf 584 course and all such developments collectively include at least 585 seven hundred fifty (750) acres and at least four hundred (400) 586 residential units; 587 3. Any facility located on property that is a

588 game reserve with restricted access that consists of at least 589 three thousand (3,000) contiguous acres with no public roads and 590 that offers as a service hunts for a fee to overnight guests of 591 the facility; 592 4. Any facility located on federal property

593 surrounding a lake and designated as a recreational area by the 594 United States Army Corps of Engineers that consists of at least

595 one thousand five hundred (1,500) acres; 596 5. Any facility that is located in a 597 municipality that is bordered by the Pearl River, traversed by 598 Mississippi Highway 25, adjacent to the boundaries of the Jackson 599 International Airport and is located in a county which has voted

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 24 (icj\lr) 600 against coming out from under the dry law; however, any such 601 facility may only be located in areas designated by the governing 602 authorities of such municipality; 603 6. Any municipality with a population in 604 excess of ten thousand (10,000) according to the latest federal 605 decennial census that is located in a county that is bordered by

606 the Pearl River and is not traversed by Interstate Highway 20, 607 with a population in excess of forty-five thousand (45,000) 608 according to the latest federal decennial census; however, the 609 governing authorities of such a municipality may by ordinance: 610 a. Specify the hours of operation of 611 facilities that offer alcoholic beverages for sale; 612 b. Specify the percentage of revenue

613 that facilities that offer alcoholic beverages for sale must 614 derive from the preparation, cooking and serving of meals and not 615 from the sale of beverages; 616 c. Designate the areas in which 617 facilities that offer alcoholic beverages for sale may be located;

618 7. The West Pearl Restaurant Tax District as 619 defined in Chapter 912, Local and Private Laws of 2007;

620 8. a. Land that is located in any county in 621 which Mississippi Highway 43 and Mississippi Highway 25 intersect 622 and: 623 A. Owned by the Pearl River Valley 624 Water Supply District, and/or

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 25 (icj\lr) 625 B. Located within the Reservoir 626 Community District, zoned commercial, east of Old Fannin Road, 627 north of Regatta Drive, south of Spillway Road, west of Hugh Ward 628 Boulevard and accessible by Old Fannin Road, Spillway Road, Spann 629 Drive and/or Lake Vista Place, and/or 630 C. Located within the Reservoir

631 Community District, zoned commercial, west of Old Fannin Road, 632 south of Spillway Road and extending to the boundary of the 633 corporate limits of the City of Flowood, Mississippi; 634 b. The board of supervisors of such 635 county, with respect to B and C of item 8.a., may by resolution or 636 other order: 637 A. Specify the hours of operation

638 of facilities that offer alcoholic beverages for sale, 639 B. Specify the percentage of 640 revenue that facilities that offer alcoholic beverages for sale 641 must derive from the preparation, cooking and serving of meals and 642 not from the sale of beverages, and

643 C. Designate the areas in which 644 facilities that offer alcoholic beverages for sale may be located;

645 9. Any facility located on property that is a 646 game reserve with restricted access that consists of at least 647 eight hundred (800) contiguous acres with no public roads, that 648 offers as a service hunts for a fee to overnight guests of the

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 26 (icj\lr) 649 facility, and has accommodations for at least fifty (50) overnight 650 guests; 651 10. Any facility that: 652 a. Consists of at least six thousand 653 (6,000) square feet being heated and cooled along with an 654 additional adjacent area that consists of at least two thousand

655 two hundred (2,200) square feet regardless of whether heated and 656 cooled, 657 b. For a fee is used to host events such 658 as weddings, reunions and conventions, 659 c. Provides lodging accommodations 660 regardless of whether part of the facility and/or located adjacent 661 to or in close proximity to the facility, and

662 d. Is located on property that consists 663 of at least thirty (30) contiguous acres; 664 11. Any facility and related property: 665 a. Located on property that consists of 666 at least one hundred twenty-five (125) contiguous acres and

667 consisting of an eighteen (18) hole golf course, and/or located in 668 a facility that consists of at least eight thousand (8,000) square

669 feet being heated and cooled, 670 b. Used for the purpose of providing 671 meals and hosting events, and

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 27 (icj\lr) 672 c. Used for the purpose of teaching 673 culinary arts courses and/or turf management and grounds keeping 674 courses, and/or outdoor recreation and leadership courses; 675 12. Any facility and related property that: 676 a. Consist of at least eight thousand 677 (8,000) square feet being heated and cooled,

678 b. For a fee is used to host events, 679 c. Is used for the purpose of culinary 680 arts courses, and/or outdoor recreation and leadership courses; 681 13. The clubhouse and associated golf course 682 where the golf course is adjacent to one or more residential 683 developments and the golf course and all such developments 684 collectively include at least two hundred (200) acres and at least

685 one hundred fifty (150) residential units and are located a. in a 686 county that has voted against coming out from under the dry law; 687 and b. outside of but in close proximity to a municipality in such 688 county which has voted under Section 67-1-14, after January 1, 689 2013, to come out from under the dry law;

690 14. The clubhouse and associated eighteen 691 (18) hole golf course located in a municipality traversed by

692 Interstate Highway 55 and U.S. Highway 51 that has voted to come 693 out from under the dry law; 694 15. Land that is planned for mixed use 695 development and consists of at least two hundred (200) contiguous 696 acres with one or more planned residential developments

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 28 (icj\lr) 697 collectively planned to include at least two hundred (200) 698 residential units when completed and which land is located: 699 a. In a county that has voted to come 700 out from under the dry law, 701 b. Outside the corporate limits of any 702 municipality in such county and adjacent to or in close proximity

703 to a golf course located in a municipality in such county, and 704 c. Within one (1) mile of a state 705 institution of higher learning; 706 16. Any facility with a capacity of five 707 hundred (500) people or more, to be used as a venue for private 708 events, on a tract of land in the Southwest Quarter of Section 33, 709 Township 2 South, Range 7 East, of a county where U.S. Highway 45

710 and U.S. Highway 72 intersect and that has not voted to come out 711 from under the dry law; 712 17. One hundred five (105) contiguous acres, 713 more or less, located in Hinds County, Mississippi, and in the 714 City of Jackson, Mississippi, whereon are constructed a variety of

715 buildings, improvements, grounds or objects for the purpose of 716 holding events thereon to promote agricultural and industrial

717 development in Mississippi; 718 18. Land that is owned by a state institution 719 of higher learning and: 720 a. Located entirely within a county that 721 has elected by majority vote not to permit the transportation,

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 29 (icj\lr) 722 storage, sale, distribution, receipt and/or manufacture of light 723 wine and beer pursuant to Section 67-3-7, and 724 b. Adjacent to but outside the 725 incorporated limits of a municipality that has elected by majority 726 vote to permit the sale, receipt, storage and transportation of 727 light wine and beer pursuant to Section 67-3-9.

728 If any portion of the land described in this item 18 has been 729 declared a qualified resort area by the department before July 1, 730 2020, then that qualified resort area shall be incorporated into 731 the qualified resort area created by this item 18; 732 19. Any facility and related property: 733 a. Used as a flea market or similar 734 venue during a weekend (Saturday and Sunday) immediately preceding

735 the first Monday of a month and having an annual average of at 736 least one thousand (1,000) visitors for each such weekend and five 737 hundred (500) vendors for Saturday of each such weekend, and 738 b. Located in a county that has not 739 voted to come out from under the dry law and outside of but in

740 close proximity to a municipality located in such county and which 741 municipality has voted to come out from under the dry law;

742 20. Blocks 1, 2 and 3 of the original town 743 square in any municipality with a population in excess of one 744 thousand five hundred (1,500) according to the latest federal 745 decennial census and which is located in:

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 30 (icj\lr) 746 a. A county traversed by Interstate 55 747 and Interstate 20, and 748 b. A judicial district that has not 749 voted to come out from under the dry law; 750 21. Any municipality with a population in 751 excess of two thousand (2,000) according to the latest federal

752 decennial census and in which is located a part of White's Creek 753 Lake and in which U.S. Highway 82 intersects with Mississippi 754 Highway 9 and located in a county that is partially bordered on 755 one (1) side by the Big Black River; however, the governing 756 authorities of such a municipality may by ordinance: 757 a. Specify the hours of operation of 758 facilities that offer alcoholic beverages for sale;

759 b. Specify the percentage of revenue 760 that facilities that offer alcoholic beverages for sale must 761 derive from the preparation, cooking and serving of meals and not 762 from the sale of beverages; and 763 c. Designate the areas in which

764 facilities that offer alcoholic beverages for sale may be located. 765 22. A restaurant located on a two-acre tract

766 adjacent to a five-hundred-fifty-acre lake in the northeast corner 767 of a county traversed by U.S. Interstate 55 and U.S. Highway 84. 768 23. Any tracts of land in Oktibbeha County, 769 situated east of Mississippi Boulevard, north of Coliseum

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 31 (icj\lr) 770 Boulevard and east of Montgomery Hill Road, and not located on the 771 property of a state institution of higher learning. 772 24. Any state park included on a lease under 773 Section 1(6), (7) or (8) of this act; however, Clark Creek Natural 774 Area shall not be considered to be a state park, even if included 775 on such a lease.

776 The status of these municipalities, districts, clubhouses, 777 facilities, golf courses and areas described in subparagraph (iii) 778 of this paragraph (o) as qualified resort areas does not require 779 any declaration of same by the department. 780 (p) "Native wine" means any product, produced in 781 Mississippi for sale, having an alcohol content not to exceed 782 twenty-one percent (21%) by weight and made in accordance with

783 revenue laws of the United States, which shall be obtained 784 primarily from the alcoholic fermentation of the juice of ripe 785 grapes, fruits, berries, honey or vegetables grown and produced in 786 Mississippi; provided that bulk, concentrated or fortified wines 787 used for blending may be produced without this state and used in

788 producing native wines. The department shall adopt and promulgate 789 rules and regulations to permit a producer to import such bulk

790 and/or fortified wines into this state for use in blending with 791 native wines without payment of any excise tax that would 792 otherwise accrue thereon.

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 32 (icj\lr) 793 (q) "Native winery" means any place or establishment 794 within the State of Mississippi where native wine is produced, in 795 whole or in part, for sale. 796 (r) "Bed and breakfast inn" means an establishment 797 within a municipality where in consideration of payment, breakfast 798 and lodging are habitually furnished to travelers and wherein are

799 located not less than eight (8) and not more than nineteen (19) 800 adequately furnished and completely separate sleeping rooms with 801 adequate facilities, that persons usually apply for and receive as 802 overnight accommodations; however, such restriction on the minimum 803 number of sleeping rooms shall not apply to establishments on the 804 National Register of Historic Places. No place shall qualify as a 805 bed and breakfast inn under this chapter unless on the date of the

806 initial application for a license under this chapter more than 807 fifty percent (50%) of the sleeping rooms are located in a 808 structure formerly used as a residence. 809 (s) "Board" shall refer to the Board of Tax Appeals of 810 the State of Mississippi.

811 (t) "Spa facility" means an establishment within a 812 municipality or qualified resort area and owned by a hotel where,

813 in consideration of payment, patrons receive from licensed 814 professionals a variety of private personal care treatments such 815 as massages, facials, waxes, exfoliation and hairstyling. 816 (u) "Art studio or gallery" means an establishment 817 within a municipality or qualified resort area that is in the sole

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 PAGE 33 (icj\lr) 818 business of allowing patrons to view and/or purchase paintings and 819 other creative artwork. 820 (v) "Cooking school" means an establishment within a 821 municipality or qualified resort area and owned by a nationally 822 recognized company that offers an established culinary education 823 curriculum and program where, in consideration of payment, patrons

824 are given scheduled professional group instruction on culinary 825 techniques. For purposes of this paragraph, the definition of 826 cooking school shall not include schools or classes offered by 827 grocery stores, convenience stores or drugstores. 828 (w) "Campus" means property owned by a public school 829 district, community or junior college, college or university in 830 this state where educational courses are taught, school functions

831 are held, tests and examinations are administered or academic 832 course credits are awarded; however, the term shall not include 833 any "restaurant" or "hotel" that is located on property owned by a 834 community or junior college, college or university in this state, 835 and is operated by a third party who receives all revenue

836 generated from food and alcoholic beverage sales.

837 SECTION 5. This act shall take effect and be in force from 838 and after July 1, 2021.

S. B. No. 2486 *SS26/R504* ~ OFFICIAL ~ 21/SS26/R504 ST: State parks; restructure ownership and PAGE 34 (icj\lr) management arrangements.