Senate Bill 2780

AN ACT TO DEFINE STATE JURISDICTION OVER PUBLIC TRUST TIDELANDS AND THE AUTHORITY OF THE SECRETARY OF STATE TO APPROVE LEASES LOCATED ON PUBLIC TRUST TIDELANDS; TO AMEND SECTIONS 7-11-11, 29-1-107, 29-15-1, 29-15-3, 29-15-5, 29-15-9, 29-15-10 AND 29-15-13, MISSISSIPPI CODE OF 1972, AND TO CODIFY SECTION 29-15-2, MISSISSIPPI CODE OF 1972, TO DECLARE LEGISLATIVE INTENT RELATIVE TO PUBLIC TRUST TIDELANDS, TO CLARIFY THE REQUIREMENT OF A SEPARATE LEASE FROM THE SECRETARY OF STATE TO RENT LAND ON PUBLIC TRUST TIDELANDS PROPERTY, TO CLARIFY THAT THE LEASE NEEDED TO MOVE ON SHORE IS ONE WITH THE STATE OR THE STATE PORT AT GULFPORT, TO REVISE DEFINITIONS, TO PROVIDE THAT STATE-HELD TIDELANDS SUBJECT TO PUBLIC TRUST ARE PRESCRIBED IN TIDELANDS MAPS AND BOUNDARY AGREEMENTS AND COURT ORDERS CONFIRMING THE MAPS, TO CONFIRM ALL AUTHORITY OVER TIDELANDS IN THE STATE UNLESS SPECIFICALLY SEVERED OR GIVEN TO A SPECIFIC STATE AGENCY OR POLITICAL SUBDIVISION, TO CONFIRM AUTHORITY, MANAGEMENT AND ADMINISTRATIVE CONTROL OVER TIDELANDS IN THE SECRETARY OF STATE, TO CLARIFY THAT ONLY SPECIFIC ACTION BY THE LEGISLATURE CAN DIVEST THE SECRETARY OF STATE OF SUCH MANAGEMENT AND CONTROL, TO PROVIDE THAT ALL USES OF PUBLIC TRUST TIDELANDS FOR ANY GAMING PURPOSES BY A PERSON POSSESSING OR APPLYING FOR A GAMING LICENSE SHALL REQUIRE A TIDELANDS LEASE FROM THE STATE THROUGH THE SECRETARY OF STATE AND BE SUBJECT TO ANNUAL RENT, TO FURTHER CLARIFY THAT THE SECRETARY OF STATE IS THE TRUSTEE OF THE PUBLIC TRUST TIDELANDS, TO FURTHER CLARIFY THAT A TIDELANDS LEASE WITH THE SECRETARY OF STATE IS REQUIRED FOR USE OF THE TIDELANDS AND THAT STATE AGENCIES AND POLITICAL SUBDIVISIONS EXERCISING LITTORAL OR RIPARIAN RIGHTS ALSO REQUIRE A TIDELANDS LEASE, TO PROVIDE THAT THESE SECTIONS CONTROL ALL OTHER STATUTES, TO CONFIRM STATE OWNERSHIP AND CONTROL OF TIDELANDS IN THE SECRETARY OF STATE UNLESS CLEAR TITLE OR CONTROL WAS DIVESTED, TO PROVIDE THAT ADMINISTRATIVE COSTS, LEGAL FEES AND LOST AD VALOREM TAXES SHALL BE PAID OUT OF THE PUBLIC TRUST TIDELANDS FUND, TO CLARIFY THE NEED FOR A TIDELANDS LEASE EVEN IF RENT EXEMPT, TO CLARIFY THAT THE USE OF TIDELANDS FOR MUNICIPAL HARBORS REQUIRES A TIDELANDS LEASE WITH THE SECRETARY OF STATE, AND IN CONFORMITY THERETO; TO AMEND SECTIONS 59-7-405 AND 59-15-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF THE USE OF THE PUBLIC TRUST TIDELANDS IS 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 NAVIGATION AND LAND, INCLUDING THE DREDGING OF CHANNELS AND APPROACHES TO THE FACILITIES, THE LOCAL MUNICIPAL GOVERNING AUTHORITY SHALL HAVE EXCLUSIVE CONTROL OF THE LEASED PREMISES, AND ALL REVENUES GENERATED THEREFROM SHALL BE USED TO MAINTAIN, REPAIR OR IMPROVE THE LEASED PROPERTY, TO PROVIDE THAT THE LOCAL GOVERNING AUTHORITY SHALL NOT LEASE, SUBLEASE, RENT OR PROVIDE ACCESS FOR ANY GAMING PURPOSES UNDER THIS AUTHORITY AND TO PROVIDE THAT IF THE USE OF PUBLIC TRUST TIDELANDS IS 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, THE LOCAL MUNICIPAL GOVERNING AUTHORITY SHALL HAVE EXCLUSIVE CONTROL OF THE LEASED PREMISES AND ALL REVENUES GENERATED THEREFROM SHALL BE USED TO MAINTAIN, REPAIR OR IMPROVE THE LEASED PROPERTY; TO AMEND SECTIONS 75-76-67, 87-1-5, 97-33-1, 97-33-7, 97-33-17, 97-33-25 AND 97-33-27, MISSISSIPPI CODE OF 1972, TO DEFINE AND CLARIFY THE AUTHORITY OF THE MISSISSIPPI GAMING COMMISSION IN DETERMINING LEGAL GAMING SITES AND PRELIMINARY SITE APPROVAL AND TO CLARIFY AREAS AUTHORIZED FOR GAMING CASINO OPERATIONS AND THE AUTHORITY OF THE COMMISSION TO REGULATE MINIMUM SIZE, MINIMUM IMPROVEMENTS AND OTHER PROJECT REQUIREMENTS; AND FOR RELATED PURPOSES.

In the Senate

• David Blount

  Sponsor

• Senate floor amendmentPending

• Senate floor amendmentPending

• House of Representatives committee amendmentAdopted

  Adopted Apr 10

l9n doesn't hold this bill's text yet.

In the Senate Feb 19 – Mar 14

1. Feb 19Referred to the Senate committees on Gaming and on Ports and Marine Resources
2. Feb 29Reported as a committee substitute from GA to PI in the Senate: title sufficient, do pass
3. Reported from committee in the Senate: title sufficient, do pass as a committee substitute
4. Mar 14Committee substitute adopted in the Senate
5. Amended in the Senate
6. Passed the Senate as amended

In the House of Representatives Mar 18 – Apr 10

1. Mar 18Sent to the House
2. Referred to the House committee on Gaming
3. Apr 2Reported from committee in the House: title sufficient, do pass as amended
4. Apr 10Amended in the House
5. Passed the House as amended

Back in the Senate Apr 11 – Apr 29

1. Apr 11Returned to the Senate to concur in the House's amendments
2. Apr 12Declined in the Senate to concur, and invited a conference
3. Conferees named in the Senate: Blount, Thompson and Younger
4. Apr 16Conferees named in the House: Eure, McKnight and Anderson (122nd)
5. Apr 29Died in conference in the Senate