Miss. Code Ann. § 57-67-11 — MS Code / Title 57 / Chapter 63 / Section 67-11
Miss. Code Ann. § 57-67-11
Status: in_force

The authority, in addition to any and all powers now or hereafter granted to it, is hereby empowered:

(a) To maintain an office at a place or places in the state.

(b) To employ or contract with architects, engineers, attorneys, accountants, construction and financial experts and such other advisors, consultants and agents as may be necessary in its judgment and to fix and pay their compensation.

(c) To make such applications and enter into such contracts for financial assistance as may be appropriate under applicable federal or state law.

(d) To apply for, accept and utilize grants, gifts and other funds or aid from any source for any purpose contemplated by the chapter, and to comply, subject to the provisions of this chapter, with the terms and conditions thereof.

(e) To acquire by purchase, lease, gift, or in other manner other than by eminent domain, or obtain options to acquire, and to own, maintain, use, operate and convey any and all property of any kind, real, personal, or mixed, or any interest or estate therein, (including easements, rights-of-way, air rights or subsurface rights, or a stratified fee estate in a specified volume of land located below, at, or above the surface) within or without the project area, necessary or convenient for the project or any facility related to the project or necessary or convenient for any enhancement offered to secure the siting of the project in the state or for the exercise of the powers granted by this chapter.

(f) To acquire by purchase or lease any public lands and public property, including sixteenth section lands and lieu lands, within the project area, which are necessary or convenient for the project. Sixteenth section lands or lieu lands acquired under this chapter shall be deemed to be acquired for the purposes of industrial development thereon and such acquisition will serve a higher public interest in accordance with the purposes of this chapter.

(g) To make or cause to be made such examinations and surveys as may be necessary to the planning, design, construction and operation of the project; and for such purpose the authority, its agents, servants, or any public agency involved in the project selection, design, construction or operation, shall have immediate and full right of entry upon the lands and waters of any person for the purposes of survey and exploration.

(h) From and after the date of notification to the authority by the Department of Energy that the state has been finally selected as the site of the project, to acquire by condemnation and to own, maintain, use, operate and convey or otherwise dispose of any and all property of any kind, real, personal or mixed, or any interest or estate therein, (including easements, rights-of-way, air rights or subsurface rights, or a stratified fee estate in a specified volume of land located below, at, or above the surface), within the project area, necessary or convenient for the project or any facility related to the project and the exercise of the powers granted by this chapter, according to the procedures provided by Chapter 27, Title 11, Mississippi Code of 1972 , except as modified by this chapter. For the purposes of this chapter, the right of eminent domain shall be superior and dominant to the right of eminent domain of other public agencies and of railroad, telephone, telegraph, gas, power and other companies or corporations and shall extend to public and private lands including sixteenth section lands. The amount and character of interest in land, other property, and easements thus to be acquired shall be determined by the authority, and its determination shall be conclusive and shall not be subject to attack in the absence of manifest abuse of discretion or fraud on the part of the authority in making such determination. However,

(i) In acquiring lands by condemnation, the authority shall not acquire minerals or royalties in minerals unless a competent registered professional engineer shall have certified that the acquisition of such minerals and royalties in minerals is necessary for purposes of the project; provided that limestone, clay, chalk, sand and gravel shall not be considered as minerals within the meaning of this section; and

(ii) Unless minerals or royalties in minerals have been acquired by condemnation or otherwise, no person or persons owning the drilling rights or the right to share in production of minerals shall be prevented from exploring, developing, or producing oil or gas with necessary rights-of-way for ingress and egress, pipelines and other means of transporting interests on any land or interest therein of the authority held or used for the purposes of this chapter; but any such activities shall be under such reasonable regulation by the authority as will adequately protect the project contemplated by this chapter as provided in subparagraph (s) of this section. For the purpose of acquiring by condemnation land and easements for the project or any facility related to the project located within the project area, the authority shall have the right of immediate possession pursuant to Sections 11-27-81 through 11-27-89 .

(i) In any proceeding in any court which has been or may be instituted by and in the name of the authority for the acquisition of any land or easement or right-of-way in land for the public use as provided in subparagraph (h) of this section, the authority may file in the cause, with the petition or at any time before judgment, a declaration of taking signed by the authority, declaring that said lands are thereby taken for the use of the authority in connection with the location of the project. Said declaration of taking shall contain or have annexed thereto:

(i) A statement of the statutory authority under which and the public use for which said lands are taken.

(ii) A description of the lands taken sufficient for the identification thereof.

(iii) A statement of the estate or interest in said lands taken for said public use.

(iv) A statement of the necessity of the immediate vesting of title in the authority in order to convey such property to the United States for the use in connection with the project.

(v) A statement of the sum of money estimated by the authority to be due compensation for the land taken. Upon filing the declaration of taking and of the deposit in the court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in the declaration, title to such lands in fee simple absolute, or such less estate or interest therein as is specified in the declaration, shall vest in the authority, and such lands shall be deemed to be condemned and taken for the use of the authority, and the right to due compensation for the same shall vest in the persons entitled thereto; and compensation shall be ascertained and awarded in the proceeding and established by judgment therein, and the judgment shall include, as part of the due compensation awarded, interest in accordance with law on the amount finally awarded as the value of the property as of the date of taking, from such date to the date of payment; but interest shall not be allowed on so much thereof as shall have been paid into the court. No sum so paid into the court shall be charged with commissions or poundage.

Upon the application of the parties in interest, the court may order that the money deposited in the court, or any part thereof, be paid forthwith for or on account of the due compensation to be awarded in the proceeding. If the compensation finally awarded in respect of such lands, or any parcel thereof, shall exceed the amount of the money so received by any person entitled, the court shall enter judgment against the authority for the amount of the deficiency.

Upon the filing of a declaration of taking, the court shall have power to fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner. The court shall have power to make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable. No appeal in any cause under this subparagraph (i) of this section nor any bond or undertaking given therein shall operate to prevent or delay the vesting of title to such lands in the authority.

(j) To require the necessary relocation or rerouting of roads and highways, railroad, telephone and telegraph lines and properties, electric power lines, pipelines and related facilities, or to require the anchoring or other protection of any of these, provided due compensation is paid to the owners thereof or agreement is had with such owners regarding the payment of the cost of such relocation, and to acquire by condemnation or otherwise easements or rights-of-way for such relocation or rerouting and to convey the same to the owners of the facilities being relocated or rerouted in connection with the purposes of this chapter.

(k) To require the necessary relocation of cemeteries and to pay all reasonable costs thereof.

(l) To perform or have performed any and all acts and make all payments necessary to comply with all applicable federal laws, rules or regulations including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 , 4602 , 4621 to 4638 , and 4651 to 4655 ) and relocation rules and regulations promulgated by the Department of Energy.

(m) To construct, extend, improve, maintain, and reconstruct, to cause to be constructed, extended, improved, maintained, and reconstructed, and to use and operate any and all components of the project or any facility related to the project, within the project area, necessary or convenient to the project and to the exercise of such powers, rights, and privileges granted the authority.

(n) To incur or defray any designated portion of the cost of any component of the project or any facility related to the project acquired or constructed by any public agency.

(o) To lease, sell, give, donate, convey or otherwise transfer any or all property acquired by the authority under the provisions of this chapter to the United States Department of Energy, its successors or assigns, and in connection therewith to pay the costs of title search, perfection of title, title insurance and recording fees as may be required. The authority may provide in the instrument conveying such property a provision that such property shall revert to the authority if, as and when the property is declared by the United States Department of Energy to be no longer needed for the Superconducting Super Collider research facility.

(p) To enter into contracts with any person, public agency or political subdivision including, but not limited to, contracts authorized by Section 57-67-17 , in furtherance of any of the purposes authorized by this chapter upon such consideration as the authority and such person, public agency or political subdivision may agree. Any such contract may extend over any period of time, notwithstanding any rule of law to the contrary, may be upon such terms as the parties thereto shall agree, and may provide that it shall continue in effect until bonds specified therein, refunding bonds issued in lieu of such bonds, and all other obligations specified therein are paid or terminated. Any such contract shall be binding upon the parties thereto according to its terms. Such contracts may include an agreement to reimburse the United States Department of Energy, its successors and assigns for any assistance provided by the United States Department of Energy in the acquisition of real property for the project or any facility related to the project.

(q) To establish and maintain reasonable rates and charges for the use of any facility within the project area owned or operated by the authority, and from time to time to adjust such rates and to impose penalties for failure to pay such rates and charges when due.

(r) To make and enforce, and from time to time amend and repeal, rules and regulations for the construction, use, maintenance and operation of any facility related to the project under its management and control and any other of its properties.

(s) To adopt and enforce all necessary and reasonable rules and regulations to carry out and effectuate the implementation of the project and any land use plan or zoning classification adopted for the project area, including but not limited to rules, regulations, and restrictions concerning mining, construction, excavation or any other activity the occurrence of which may endanger the structure or operation of the project. Such rules may be enforced within the project area and without the project area as necessary to protect the structure and operation of the project. The authority is authorized to plan or replan, zone or rezone, and make exceptions to any regulations, whether local or state, which are inconsistent with the design, planning, construction or operation of the project and facilities related to the project.

(t) To plan, design, coordinate and implement measures and programs to mitigate impacts on the natural environment caused by the project or any facility related to the project.

(u) To assist any public agency involved with the project design, construction or operation in securing any state or local permits and approval required for the project or any facility related to the project.

(v) To do any and all things necessary or convenient to carry out the authority's purposes and to exercise the powers given and granted in this chapter.
Miss. Code Ann. § 57-31-35 — MS Code / Title 57 / Chapter 25 / Section 31-35
Miss. Code Ann. § 57-31-35
Status: in_force

(1) For the purposes of this section, the following words shall have the meanings ascribed herein, unless the context otherwise requires:

(a) “ Authority ” means an industrial development authority created pursuant to this chapter or an economic development district created pursuant to Section 19-5-99 of any county in which an industrial development authority is created pursuant to this chapter.

(b) “ Costs of a megasite project ” means all costs of a megasite project including site preparation and other start-up costs, construction, fixtures and real and personal property required for the purposes of a megasite project, whether publicly or privately owned, including land and any rights or undivided interest therein, options, easements, franchises, fees, permits, approvals, licenses, and certificates and the securing of such permits, approvals, licenses, and certificates and all machinery and equipment; any cost associated with the closure, post-closure maintenance or corrective action on environmental matters, financing charges and interest prior to and during development and/or construction and during such additional period necessary for the development and operation of a megasite project; costs of engineering, surveying, environmental, geotechnical, architectural and legal services; costs of plans and specifications and all expenses necessary or incident to determining the feasibility or practicability of a megasite project; administrative expenses; and such other expenses as may be necessary or incidental to the financing authorized in this chapter. The costs of a megasite project may also include funds for the creation of a debt service reserve, a renewal and replacement reserve, bond insurance and credit enhancement, and such other reserves as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized by a county board of supervisors pursuant to subsection (3) below. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the costs of a megasite project and may be paid or reimbursed as such out of the proceeds of any revenues obtained by the county including, without limitation, special assessments, general obligation bonds or notes issued pursuant to Section 19-9-1 et seq. or revenue bonds or notes.

(c) “ Facilities related to a megasite ” means and includes the acquisition, construction, restoration, repair, renovation, improvement, demolition or removal of any of the following, or any portion thereof, as they may pertain to a megasite and/or the development of one or more industrial projects thereon: (i) megasite preparation and improvements (including clearing, grubbing and grading activities); (ii) potable and nonpotable water supply systems that will serve the megasite or any portion thereof, whether or not such potable and nonpotable water supply systems are located on or outside of the megasite; (iii) sewage and waste disposal systems that will serve the megasite or any portion thereof, whether or not such sewage and waste disposal systems are located on or outside of the megasite; (iv) storm water drainage and other drainage systems that will serve the megasite or any portion thereof, whether or not such storm water drainage and other drainage systems are located on or outside of the megasite; (v) highways, streets and other roadways located upon the megasite or which are otherwise necessary to provide any access to and from the megasite or any portion thereof; (vi) fire suppression and prevention systems that will serve the megasite or any portion thereof, whether or not such fire suppression and prevention systems are located on or outside of the megasite; (vii) utility distribution systems, including, but not limited to, electricity, natural gas, telephone and other information and telecommunications facilities, whether by wire, fiber or wireless means, that will serve the megasite, whether or not such utility distribution systems are located on or outside of the megasite; provided that this subsection (vii) shall not empower the authority to acquire, construct, restore, repair, renovate, improve, demolish or remove any utility distribution system with respect to the megasite or any portion thereof which the authority is not otherwise already permitted to do under other applicable law; (viii) any other purposes authorized by or defined in Section 19-9-1 .

(d) “ Megasite project ” means the acquisition and development of a megasite by an authority created pursuant to this chapter for purposes of establishing a new industrial park or a single or multiple parcel industrial development zone to attract significant single- or multi-use industrial development projects, together with, as applicable, any industrial project undertaken on a megasite and/or any facilities related to a megasite.

(e) “ Megasite ” means any single tract or combination of contiguous tracts, excluding intervening roadways, railways, waterways or utility-ways, of at least eight hundred (800) acres acquired or otherwise under the control of an authority for the purposes of undertaking a megasite project on all or portion thereof; provided that, in the event a megasite initially contains at least eight hundred (800) acres, the use of the term megasite shall also include any adjoining real property tracts that are subsequently acquired or otherwise brought under the control of such authority.

(2) An authority is authorized and empowered to:

(a) Acquire by gift, purchase or otherwise, and to own, hold, maintain, control and develop real estate situated within the county and/or any interests therein for the purposes of undertaking a megasite project;

(b) Acquire by gift, purchase or otherwise, and to own, hold, repair, maintain, control and develop any facilities related to a megasite;

(c) Sell, lease, sublease, sub-sub lease, sell and leaseback, lease and sublease-back, trade, exchange or otherwise convey or dispose of a megasite project or any portions thereof or any interests therein to individuals, firms or business enterprises, public or private; in each of the above instances for such consideration, and with such safeguards as are determined by the authority will best promote and protect the public interest, convenience and necessity, and to enter into and execute purchase options, purchase agreements, deeds, leases, subleases, development agreements and other contracts, easements and other legal instruments necessary or convenient therefor. Such authority is further authorized and empowered to undertake any of the preceding authorized transactions, and enter into and execute any contract, agreement or instruments with respect thereto on the basis of negotiation with the authority without the necessity of any appraisal, advertisement for proposals, bids or offers, or of any other public procurement or sale requirements.

(3) The county board of supervisors of any county in which an authority is created pursuant to this chapter is authorized to (a) (i) incur bonded and floating indebtedness by issuing general obligation bonds, revenue bonds or special assessment bonds as authorized by any statute authorizing the issuance of such bonds, (ii) accept and borrow any loan from the federal government, its agencies and instrumentalities, and/or (iii) incur any other indebtedness in any manner for which it is authorized by law to incur debt, (b) may appropriate funds for the purposes and in the manner prescribed by law, and (c) may accept and utilize grants, donations or contributions from any source, whether public or private, to fund any costs of a megasite project. Any revenues derived from a project financed with indebtedness incurred pursuant to this section may be pledged, in whole or in part, by such county board of supervisors to secure payment of the bonded indebtedness incurred to finance a project.
Miss. Code Ann. § 57-10-437 — MS Code / Title 57 / Chapter 7 / Section 10-437
Miss. Code Ann. § 57-10-437
Status: in_force

All expenses incurred by the corporation in carrying out the provisions of Sections 57-10-401 through 57-10-445 shall be payable solely from funds provided under Sections 57-10-401 through 57-10-445 , or other funds of the corporation. Nothing in Sections 57-10-401 through 57-10-445 shall be construed to authorize the corporation to incur indebtedness or liability on behalf of or payable by the state or any other political subdivision thereof.
Miss. Code Ann. § 57-41-7 — MS Code / Title 57 / Chapter 13 / Section 41-7
Miss. Code Ann. § 57-41-7
Status: in_force

(1) The notes may be secured by a trust agreement by and between the municipality and a corporate trustee, which may be any trust company or bank incorporated under the laws of the United States or the laws of any state in the United States. Any such trust agreement may pledge or assign income, contract payments, fees or any other revenues and receipts to be received from an industrial enterprise, whether or not related to a project. The notes may be additionally secured by an assignment of a mortgage, deed of trust or other security interest upon all or any part of one or more projects, including any enlargements of and additions to a project, vesting in the trustee power to sell such project for the payment of indebtedness, power to operate a project and all other powers and authority and for the further security of the notes.

(2) Any trust agreement made in accordance with the provisions of this chapter may contain a provision that, in the event of a default in the payment of the principal of, redemption premium, if any, or the interest on the notes issued in accordance with, or relating to, such agreement, or in the performance of any agreement contained in the proceedings, trust agreement or instruments relating to such notes, such payment and performance may be enforced by mandamus or by the appointment of a receiver in equity with power to charge and collect rates, rents or payments and to apply the revenues from the project in accordance with such proceedings, trust agreement or instruments.

(3) Any mortgage or deed of trust to secure notes issued in accordance with the provisions of this chapter may also provide that in the event of a default in the payment thereof or the violation of any agreement contained in the mortgage or deed of trust, the property secured by the mortgage or deed of trust may be foreclosed and sold under proceedings in equity or in any other manner now or hereafter permitted by law. Such mortgage or deed of trust may also provide that any trustee under such mortgage or deed of trust or the holder of any of the notes secured thereby, may become the purchaser at any foreclosure sale if it is the highest bidder therefor.

(4) The notes may be additionally secured by a guaranty agreement from an industrial enterprise to the trustee or to the holder of any note or by such other guaranty agreement, letter of credit or other arrangement as shall be acceptable to the municipality.
Miss. Code Ann. § 57-61-9 — MS Code / Title 57 / Chapter 57 / Section 61-9
Miss. Code Ann. § 57-61-9
Status: in_force

(1) Any private company desiring assistance from a municipality shall submit to the municipality a letter of intent to locate, expand or build a facility entirely or partially within the municipality or on land the municipality is authorized to own or otherwise acquire. The letter of intent shall include:

(a) Except for strategic investments, a commitment that the proposed project will create and maintain a minimum of ten (10) net new full-time equivalent jobs, will create and maintain at least a five percent (5%) increase in full-time equivalent jobs in the case of expansion of an enterprise already located at the site or at least a twenty-five percent (25%) increase in full-time equivalent jobs pursuant to subsection (9) of Section 57-61-15 and will create and maintain at least one (1) net new full-time equivalent job for every Fifteen Thousand Dollars ($ 15,000.00) either loaned or granted for the project. The commitment required by this paragraph (a) shall include any jobs created prior to March 31, 1986 resulting from contracts entered into contingent upon assistance being made available under this chapter. All jobs required to be maintained by this paragraph (a) shall be maintained until such time as any loan made under this chapter for the benefit of a private company is repaid.

(b) A statement that the specific improvements are necessary for the efficient and cost-effective operation of the private company, together with supporting financial and engineering documentation.

(c) Any commitment to pay rental on, or to make loan repayments related to, the improvements to be made with funds loaned to a municipality under this chapter.

(d) If required by the Mississippi Development Authority, a notarized statement of willingness to grant a lien on the facility for which the improvement is being provided, in an amount and a manner to be determined by the Mississippi Development Authority, which lien may be foreclosed in the event that the private company fails to operate in the facility according to the terms of the agreement and/or to collateralize the loan made for the benefit of the private company for which the improvement is being provided in an amount and manner to be determined by the Mississippi Development Authority. In the event the contractual agreement is to be entered into with a department or subsidiary of the United States government, the Mississippi Development Authority shall determine that the governmental unit will operate the proposed project for a sufficient number of years to retire the loan based on increased revenue estimates by the University Research Center and any agreement entered into shall reflect that the interest paid on any loan for such purpose shall be included in Mississippi's contributory value in the project. In the event the private company requesting the assistance is a subsidiary of another corporation, if required by the Mississippi Development Authority, any contractual agreement entered into shall also require the parent company to unconditionally warrant the performance of the subsidiary in carrying out the terms of the agreement or it shall require the subsidiary and/or the parent company to pledge assets in an amount and a manner to be determined by the Mississippi Development Authority and/or to collateralize the loan in an amount and a manner to be determined by the Mississippi Development Authority to ensure the performance of the terms of the contract.

(2) Upon receipt of the letter of intent from a private company, the municipality may apply to the Mississippi Development Authority for a loan or grant. The application from the municipality shall include, but not be limited to:

(a) A statement of the purpose of the proposed loan or grant, including a list of eligible items and the cost of each.

(b) A statement showing the sources of funding for the entire project, including the private company's or governmental unit's investment in the project and any public and other private sources of funding.

(c) A certified copy of the signed letter of intent from a private company or governmental unit, as specified in this section.

(d) Evidence that there will be a private match of at least Three Dollars ($ 3.00) for every One Dollar ($ 1.00) of state assistance, except:

(i) In the case of ports the private match will be at least Two Dollars ($ 2.00) for every One Dollar ($ 1.00) of state assistance; and

(ii) In the case where the Mississippi Development Authority determines that a private company is a high technology enterprise the private match will be at least Two Dollars ($ 2.00) for every One Dollar ($ 1.00) of state assistance.

The Mississippi Development Authority shall establish criteria for determining whether a private company is a high technology enterprise.

(e) Demonstration that the private company is financially sound and is likely to fulfill the commitments made in its letter of intent.

(f) A proposed timetable for the provision of the improvements.

(g) Evidence that the project will be expeditiously carried out and completed as planned.

(h) A demonstration that insufficient local capital improvement funds at reasonable rates and terms are available within the necessary time to provide the needed improvement on public property. This includes local funds available through issuance of bonds or other means, state funds available through existing programs, and available federal program funds such as community development block grant funds, urban development action grant funds, and economic development administration funds.

(i) A demonstration that insufficient private funds are available at reasonable rates and terms within the necessary time to fund improvement on property owned by the private company.

(3) The Mississippi Development Authority shall consider grant and loan applications based on the following criteria:

(a) The number of net new full-time equivalent jobs that will be provided and the amount of additional state and local tax revenue estimated by the University Research Center to be directly generated by the private company's new investment, and additionally, as to loan applications by state agencies, the extent to which shipping through the port will be increased by the proposed port development projects, the degree to which jobs will be increased in the port area and the impact on port revenues.

(b) The ability to repay the principal and interest, in the case of a loan, based on increased revenue estimates and any revenue-producing provision of a contractual agreement.

(c) The increase in the employment base of the state.

The Mississippi Development Authority and the University Research Center may use the resources and capabilities of the planning and development districts in carrying out the provisions of this chapter.

(4) No loan shall be made in excess of the amounts which can be repaid with the increased revenues estimated by the University Research Center, provided that this subsection (4) shall not apply to loans in connection with a United States Navy home port.

(5)(a) Notwithstanding anything contained in this chapter, an agency of the State of Mississippi operating a state-owned port, and hereinabove identified as a “ municipality ” and “ governmental unit ” for purposes of this chapter, may make application for a loan or grant under the terms and provisions of this chapter. In addition, a public agency operating a port bordering on the Gulf of Mexico, which shall be considered to be a “ municipality ” or a “ governmental unit ” for the purposes of this chapter, may make application for a loan or grant under the terms and provisions of this chapter from funds other than those funds authorized for a state-owned port under paragraph (e)(iii) of Section 57-61-11 . The application shall be initiated by submission of a letter of intent to engage in a project or projects for the purpose of effecting enlargement and improvement in all facilities used and useful in attracting international and foreign commerce through the port. Projects eligible for inclusion in the letter of intent may include, but not be restricted to:

(i) Dredging and deepening the access channel and harbor basin of the port;

(ii) Effecting the enlargement of the land area of the port by reclamation;

(iii) Construction and installation of piling, bulkheads, docks, wharves, warehouses and appurtenances; and

(iv) Acquisition of facilities and equipment for handling bulk and containerized cargo.

(b) With respect to a state-owned port bordering on the Gulf of Mexico, the letter of intent shall include the following information and any other information required by the Mississippi Development Authority:

(i) Present and future annual tonnages expected as a result of the improvements.

(ii) Reasons why present facilities are inadequate to enable the port to compete, including limitations imposed by insufficient depth of channel and basin.

(iii) Increased channel and basin depths necessary to accommodate modern shipping.

(iv) Comparison of the percentage of the world's cargo shipping that can now be accommodated with what could be accommodated with project improvements.

(v) Economic contribution to the region and state resulting from increased shipping activity.

(vi) Statement of degree to which port revenues are expected to be increased as a result of projects.

(vii) Financial data of port activities, including cost of project, degree of federal funding available and required local participation.

On or before January 1, 1989, a state-owned port described in this paragraph (b) shall submit to the Senate Finance Committee and the House Ways and Means Committee of the Mississippi Legislature a comprehensive, written report updating for each committee the information listed in items (i) through (vii) of this paragraph (b) with particular emphasis on the economic contribution to the region and state by shipping activity at the port; on financial data with respect to the degree of federal funding available and local participation in funding port activities; and on progress made in dredging and completing other improvements necessary to accommodate modern shipping.

(c) The Mississippi Development Authority shall consider grant and loan applications based on the following:

(i) The extent to which shipping through the port will be increased by the proposed projects.

(ii) The degree to which jobs will be increased in the port area.

(iii) Impact on port revenues.

(iv) The ability of the port to repay interest and principal in the case of a loan.

(6) A municipality may apply to the Mississippi Development Authority for a grant under the terms and provisions of this chapter, and the Mississippi Development Authority may award grants to a municipality subject to limitations contained in this chapter. The application shall be initiated by submission of a letter of intent to engage in a project or projects for the purpose of providing improvements necessary to accommodate a United States Navy home port.

(7) The Legislature hereby finds and determines that financing facilities necessary to accommodate a Navy home port serves a valid public purpose in that a Navy home port will significantly contribute to the employment base of the state which is in great need of assistance; provided, that in the event such facilities are no longer required for use by the Navy as a home port, such facilities shall revert as provided in Section 59-9-21 .

(8) Notwithstanding any provision or requirement of this chapter to the contrary, a municipality may make application for a loan under this chapter, in an amount not to exceed Five Million Dollars ($ 5,000,000.00), for the purpose of acquiring and developing land to be used as a technology/industrial park for which there is a binding commitment by one or more private companies to create and maintain not less than an aggregate of three hundred (300) jobs meeting minimum criteria established by the Mississippi Development Authority. Such a commitment by a private company shall not disqualify the private company from obtaining assistance under this section. The match requirements of this section shall not apply to any loan made pursuant to this subsection (8).

(9) Notwithstanding any provision or requirement of this chapter to the contrary, a municipality operating a county-owned port or municipally owned port may make application for a loan under this chapter, in an amount not to exceed Three Million Dollars ($ 3,000,000.00), for the purpose of acquiring land, buildings and other improvements and for repairing, renovating, maintaining and improving such a port.

(10)(a) A municipality is authorized to negotiate a contract for the acquisition, construction and erection of a project or any portion of a project hereunder where a municipality finds that, because of the particular nature of a project or any portion thereof, it would be in the best public interest of the municipality to negotiate.

(b) Contracts by a private company for the acquisition, construction or erection of a project which receives assistance under this chapter shall be effected in the manner prescribed by law for public contracts, unless the Mississippi Development Authority makes a written finding that, because of special circumstances with respect to the projects or any portion thereof, it would better serve the public interest or more effectively achieve the purposes of this chapter to enter into such contracts based on negotiation.

(11) A municipality is authorized upon such terms and conditions as the municipality may deem advisable, provided such terms and conditions shall not be in conflict with the provisions of this chapter, to (a) acquire, whether by construction, purchase, gift or lease, all of or any portion of a project hereunder; (b) to lease or sell to others all of or any portion of a project hereunder; and (c) to lend to the private company the proceeds of the loan from the board to such municipality.

(12) All agreements between a municipality and a private company related directly or indirectly to a project or a portion of a project to be funded in whole or in part under this chapter are subject to approval by the Mississippi Development Authority.
Miss. Code Ann. § 57-103-5 — MS Code / Title 57 / Chapter 75 / Section 103-5
Miss. Code Ann. § 57-103-5
Status: in_force

(1) There is established under the direction of the Mississippi Technology Alliance (“MTA”) a program to be known as the “Mississippi New Technology Business Program-Level 2” for the purpose of making assistance available to provide working capital to support the continued capitalization of technology based businesses in Mississippi.

(2)(a) In order to be eligible for assistance under the program, a business must: (i) have its principal place of business based in Mississippi, and be a startup, seed stage or early stage business, (ii) have rights to the intellectual property supporting the venture opportunity for which assistance is requested, (iii) have a business plan demonstrating economic feasibility; (iv) have an accredited investor match, (v) have formed or have agreed to form a collaborative agreement with a Mississippi institution of higher learning, (vi) be invited by the MTA to apply for assistance based upon an acceptable commercialization strategy, and (vii) be willing to execute a performance level based agreement with the MTA.

(b) Any business desiring to participate in the program must submit an application to the MTA. The application must contain a description of the purposes for which the assistance is requested, the amount of assistance requested and any other information requested by the MTA. If the MTA staff reviewing the application determines that an application should be reviewed by the Seed Fund Investment Board appointed by the MTA Board of Directors, the application shall be forwarded to the Seed Fund Investment Board. If the Seed Fund Investment Board approves the application, the MTA shall negotiate a contract with the business regarding any assistance provided to the business under the program, the expenditure of the assistance provided to the business, and any other matters to which the parties may agree. Any such contract must provide for at least the following: (i) that any assistance provided to the business will be on a reimbursement basis in which the business will expend funds according to the terms of the contract and submit invoices, receipts and other applicable documentation and information to the MTA for reimbursement; (ii) that no funds may be expended or used for patent prosecution, reorganization of the business, or payment of any existing debt of the business outstanding or otherwise incurred at the time the contract is entered into; (iii) that no funds may be expended to reimburse expenses for work conducted or services provided by the business, a university or a third party consultant if those expenses were incurred before the term of the contract; (iv) that the business receiving assistance will retain ownership of any technology developed by the business regardless of whether the technology is developed before or after the receipt of assistance; and (v) that the business will provide matching funding of One Dollar ($ 1.00) for every One Dollar ($ 1.00) of assistance, with at least fifty percent (50%) of the match being from an accredited investor or strategic investment partner, as determined by the MTA, and the remaining amount being from in-kind services, all of which must be documented by time sheets, payroll receipts, invoices and other documentation or information required by the MTA. Assistance received by a business may be expended for hiring third party consultants to assist the business and for equipment. The amount of assistance that a business may receive under the program shall not exceed One Hundred Thousand Dollars ($ 100,000.00) in any one (1) year and shall not exceed Two Hundred Thousand Dollars ($ 200,000.00) in the aggregate.

(c) Except as otherwise provided in this paragraph, a business receiving assistance under the program shall be required to repay the assistance in the manner provided in this paragraph. Repayment shall be made through the use of a convertible note in which the business will repay one hundred percent (100%) of the amount of assistance received if such repayment is made within thirty-six (36) months from the date the assistance is received, with the amount to be repaid by the business increasing at a rate determined by the parties in the contract up to an amount not to exceed two hundred percent (200%) of the amount of assistance if such repayment is made later than thirty-six (36) months from the date the assistance is received but not later than sixty (60) months from the date the assistance is received. The MTA shall have the option of converting the amount of assistance awarded to the business into common stock of the business or into a royalty in the gross sales of the business. Amounts received as repayments shall be deposited into the special fund created in subsection (3) of this section. Notwithstanding the preceding provisions of this paragraph, if the business receiving assistance fails to meet certain financial performance levels established in the contract between the business and the MTA and the contract does not activate any repayment provisions, then the MTA will deem the assistance provided to be a loss and the business receiving assistance shall not be required to repay the assistance received.

(3) There is created in the State Treasury a special fund, to be designated as the “Mississippi New Technology Business Program-Level 2 Fund,” which shall consist of funds appropriated or otherwise made available by the Legislature. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. 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 or investment earnings on amounts in the fund shall be deposited into such fund. Monies in the fund shall be disbursed, in the discretion of the Mississippi Development Authority, to provide funds to the MTA for the purposes described in this section, or for the purposes described in Sections 57-103-1 , 57-103-3 , 57-103-7 and/or 57-103-9 if the MTA determines that the funds are not needed for the purposes described in this section.
Miss. Code Ann. § 57-44-19 — MS Code / Title 57 / Chapter 27 / Section 44-19
Miss. Code Ann. § 57-44-19
Status: in_force

The State Bond Commission shall act as the issuing agent for the bonds authorized under Section 57-44-11 , prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold, pay all fees and costs incurred in such issuance and sale, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. The State Bond Commission is authorized and empowered to pay the costs that are incident to the sale, issuance and delivery of the bonds authorized under Sections 57-44-11 through 57-44-39 from the proceeds derived from the sale of such bonds. The State Bond Commission shall sell such bonds on sealed bids at public sale, and for such price as it may determine to be for the best interest of the State of Mississippi, but no such sale shall be made at a price less than par plus accrued interest to the date of delivery of the bonds to the purchaser. All interest accruing on such bonds so issued shall be payable semiannually or annually; however, the first interest payment may be for any period of not more than one (1) year.

Notice of the sale of any such bond shall be published at least one (1) time, not less than ten (10) days before the date of sale, and shall be so published in one or more newspapers published or having a general circulation in the City of Jackson, Mississippi, and in one or more other newspapers or financial journals with a national circulation, to be selected by the State Bond Commission.

The State Bond Commission, when issuing any bonds under the authority of Sections 57-44-11 through 57-44-39 , may provide that bonds, at the option of the State of Mississippi, may be called in for payment and redemption at the call price named therein and accrued interest on such date or dates named therein.
Miss. Code Ann. § 57-57-1 — MS Code / Title 57 / Chapter 49 / Section 57-1
Miss. Code Ann. § 57-57-1
Status: in_force

This chapter may be cited as the “Mississippi Export Trade Development Act.”
Miss. Code Ann. § 57-85-5 — MS Code / Title 57 / Chapter 78 / Section 85-5
Miss. Code Ann. § 57-85-5
Status: in_force

(1) For the purposes of this section, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) “ MDA ” means the Mississippi Development Authority.

(b) “ Project ” means construction, rehabilitation or repair of buildings; sewer systems and transportation directly affecting the site of the proposed rural business; sewer facilities, acquisition of real property, development of real property, improvements to real property, and any other project approved by the Mississippi Development Authority. The term “project” does not include any medical cannabis establishment as defined in the Mississippi Medical Cannabis Act.

(c) “ Rural business ” means a new or existing business located or to be located in a rural community or a business or industry located or to be located within five (5) miles of a rural community. “Rural business” does not include gaming businesses or utility businesses, or medical cannabis establishments as defined in the Mississippi Medical Cannabis Act.

(d) “ Rural community ” means a county in the State of Mississippi that meets the population criteria for the term “limited population county” as provided in Section 57-1-18 . “Rural community” also means a municipality in the State of Mississippi that meets the population criteria for the term “small municipality” as provided in Section 57-1-18 .

(2)(a) There is created in the State Treasury a special fund to be designated as the “Mississippi Rural Impact Fund,” which shall consist of funds appropriated or otherwise made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be used to make grants and loans to rural communities and loan guaranties on behalf of rural businesses to assist in completing projects under this section.

(b) Monies in the fund which are derived from proceeds of bonds issued after April 15, 2003, may be used to reimburse reasonable actual and necessary costs incurred by the MDA for the administration of the various grant, loan and financial incentive programs administered by the MDA. An accounting of actual costs incurred for which reimbursement is sought shall be maintained by the MDA. Reimbursement of reasonable actual and necessary costs shall not exceed three percent (3%) of the proceeds of bonds issued. Reimbursements under this paragraph (b) shall satisfy any applicable federal tax law requirements.

(c) The MDA may use monies in the fund to pay for the services of architects, engineers, attorneys and such other advisors, consultants and agents that the MDA determines are necessary to review loan and grant applications and to implement and administer the program established under this section.

(d) The State Auditor may conduct performance and compliance audits under this chapter according to Section 7-7-211(o) and may bill the oversight agency.

(3) The MDA shall establish a program to make grants and loans to rural communities and loan guaranties on behalf of rural businesses from the Mississippi Rural Impact Fund. A rural community may apply to the MDA for a grant or loan under this section in the manner provided for in this section. A rural business may apply to the MDA for a loan guaranty under this section in the manner provided in this section.

(4) A rural community desiring assistance under this section must submit an application to the MDA. The application must include a description of the project for which assistance is requested, the cost of the project for which assistance is requested and any other information required by the MDA. A rural business desiring assistance under this section must submit an application to the MDA. The application must include a description of the purpose for which assistance is requested and any other information required by the MDA. The MDA may waive any requirements of the program established under this section in order to expedite funding for unique projects.

(5) The MDA shall have all powers necessary to implement and administer the program established under this section, and the MDA shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this section.
Miss. Code Ann. § 57-29-3 — MS Code / Title 57 / Chapter 23 / Section 29-3
Miss. Code Ann. § 57-29-3
Status: in_force

The travel and tourism department of the board is hereby authorized, upon approval of the board, to solicit bids from competent publication agencies and to expend such funds as may be appropriated for the purpose of publishing a vacation guide.
Miss. Code Ann. § 57-62-3 — MS Code / Title 57 / Chapter 57 / Section 62-3
Miss. Code Ann. § 57-62-3
Status: in_force

It is the intent of the Legislature that:

(a) The State of Mississippi provide appropriate incentives to support the establishment of quality business and industry that hold the promise of significant development of the economy of the State of Mississippi through the creation of quality jobs;

(b) The amount of incentives provided under this chapter in connection with a particular establishment shall be directly related to the jobs created as a result of the establishment locating in the State of Mississippi;

(c) The Mississippi Development Authority and the Department of Revenue shall implement the provisions of this chapter and exercise all powers as authorized in this chapter; however, the application of this chapter or the offering of any of its incentives as to any particular qualified business or industry shall be in the sole discretion of the Mississippi Development Authority. The exercise of powers conferred by this chapter shall be deemed and held to be the performance of essential public purposes; and

(d) Nothing in this chapter shall be construed to constitute a guarantee or assumption by the State of Mississippi of any debt of any individual, company, corporation or association nor to authorize the credit of the State of Mississippi to be given, pledged or loaned to any individual, company, corporation or association. Also, nothing in this chapter gives any right to any qualified business or industry to the incentives contained herein unless said incentive is given by the Mississippi Development Authority pursuant to this chapter.
Miss. Code Ann. § 57-10-31 — MS Code / Title 57 / Chapter 3 / Section 10-31
Miss. Code Ann. § 57-10-31
Status: in_force

No officer or director of this corporation shall ever be held personally liable for contracts, debts or defaults of this corporation nor shall any mere informality in organization have the effect of rendering these null or of exposing the officers or directors to any such liability or responsibility. However, the officers, directors, agents and employees of the corporation shall be liable for any fraudulent or illegal diversion or misappropriation of the funds of the corporation which any such person knowingly and willfully caused, permitted or conspired to permit to be made, and all such officers, directors, agents and employees entrusted with the custody of the securities of or authorized to disburse the funds of the corporation shall be bonded, either by a blanket bond or by individual bonds, with a surety bond or bonds with a minimum limitation of One Hundred Thousand Dollars ($ 100,000.00) coverage for each person covered thereby, conditioned upon the faithful performance of their duties, the premium for which shall be paid out of the assets of the corporation.
Miss. Code Ann. § 57-55-23 — MS Code / Title 57 / Chapter 39 / Section 55-23
Miss. Code Ann. § 57-55-23
Status: in_force

The institutions established by this chapter may, subject to approval of the proper administrative authorities at the various universities, perform research and other services consistent with the purpose and duties of the institutes, on a contractual basis for governmental entities, public or private organizations, or any others, at a price and on a basis to be determined by such universities. The proceeds from such work shall be used, in addition to other funds provided therefor, for the operation and support of the research institutions.
Miss. Code Ann. § 57-99-9 — MS Code / Title 57 / Chapter 79 / Section 99-9
Miss. Code Ann. § 57-99-9
Status: in_force

The MDA and the State Tax Commission shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, and all application forms and other forms necessary to implement their respective duties and responsibilities under the provisions of Sections 57-99-1 through 57-99-9 .
Miss. Code Ann. § 57-10-503 — MS Code / Title 57 / Chapter 1 / Section 10-503
Miss. Code Ann. § 57-10-503
Status: in_force

It is the purpose of this article to promote economic and community development in the State of Mississippi through the planning and development districts in Mississippi by providing assistance for job creation and retention and small business development and to authorize the issuance of state bonds or notes for funding such assistance.
Miss. Code Ann. § 57-62-5 — MS Code / Title 57 / Chapter 44 / Section 62-5
Miss. Code Ann. § 57-62-5
Status: in_force

As used in this chapter, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) “ Qualified business or industry ” means any corporation, limited liability company, partnership, sole proprietorship, business trust or other legal entity and subunits or affiliates thereof, pursuant to rules and regulations of the MDA, which provides an average annual salary, excluding benefits which are not subject to Mississippi income taxes, of at least one hundred twenty-five percent (125%) of the most recently published state average annual wage or the most recently published average annual wage of the county in which the qualified business or industry is located as determined by the Mississippi Department of Employment Security, whichever is the lesser. An establishment shall not be considered to be a qualified business or industry unless it offers, or will offer within one hundred eighty (180) days of the date it receives the first incentive payment pursuant to the provisions of this chapter, a basic health benefits plan to the individuals it employs in new direct jobs in this state which is approved by the MDA. Qualified business or industry does not include retail business or gaming business;

(b) “ New direct job ” means full-time employment in this state in a qualified business or industry that has qualified to receive an incentive payment pursuant to this chapter, which employment did not exist in this state before the date of approval by the MDA of the application of the qualified business or industry pursuant to the provisions of this chapter. “New direct job” shall include full-time employment in this state of employees who are employed by an entity other than the establishment that has qualified to receive an incentive payment and who are leased to the qualified business or industry, if such employment did not exist in this state before the date of approval by the MDA of the application of the establishment;

(c) “ Full-time job ” means a job of at least thirty-five (35) hours per week;

(d) “ Estimated direct state benefits ” means the tax revenues projected by the MDA to accrue to the state as a result of the qualified business or industry;

(e) “ Estimated direct state costs ” means the costs projected by the MDA to accrue to the state as a result of the qualified business or industry;

(f) “ Estimated net direct state benefits ” means the estimated direct state benefits less the estimated direct state costs;

(g) “ Net benefit rate ” means the estimated net direct state benefits computed as a percentage of gross payroll, provided that:

(i) Except as otherwise provided in this paragraph (g), the net benefit rate may be variable and shall not exceed four percent (4%) of the gross payroll; and shall be set in the sole discretion of the MDA;

(ii) In no event shall incentive payments, cumulatively, exceed the estimated net direct state benefits;

(h) “ Gross payroll ” means wages for new direct jobs of the qualified business or industry; and

(i) “ MDA ” means the Mississippi Development Authority.
Miss. Code Ann. § 57-55-15 — MS Code / Title 57 / Chapter 43 / Section 55-15
Miss. Code Ann. § 57-55-15
Status: in_force

(1) The Mississippi Energy Research Center, hereinafter referred to as the MERC, is hereby established under the management and control of the board of trustees of state institutions of higher learning. The MERC shall be a unit of Mississippi State University under the direct supervision of the president thereof or a vice president to be designated by the president.

(2) It shall be the purpose of the MERC to develop, implement and coordinate energy and energy-related research programs in Mississippi. It shall be the duty of the MERC to:

(a) Conduct basic and applied research related to energy needs within Mississippi;

(b) Consult with state and local government agencies, utilities, industry and legislature and other potential users of research in identifying and prioritizing energy problems for research;

(c) Negotiate and administer contracts with other universities of the state for the conduct of research projects;

(d) Report to the governor and to the legislature each year on the progress and findings of research projects;

(e) Facilitate the transfer and application of new technologies as they are developed; and

(f) Facilitate and stimulate research that:

(i) Deals with policy issues facing the legislature;

(ii) Supports state agencies' missions with research on problems encountered and expected; and

(iii) Provides energy planning and management organizations with tools to increase efficiency and effectiveness of energy planning and management.

(3) The principal administrative officer of the MERC shall be a director, who shall be appointed by the president with the approval of the board of trustees of state institutions of higher learning. To meet the purposes of the center, the director shall develop appropriate policies and procedures (a) for identification of priority research problems; (b) for collaborating with local and state government agencies, utilities, industry, other universities, federal government agencies and the legislature in the formulation of its research program; (c) for selection of projects to be funded; and (d) for the transfer of technology which is produced by the research.
Miss. Code Ann. § 57-61-23 — MS Code / Title 57 / Chapter 5 / Section 61-23
Miss. Code Ann. § 57-61-23
Status: in_force

(1) All bonds issued under the authority of this chapter shall be redeemed at maturity, together with all interest due, from time to time, on the bonds, and these principal and interest payments shall be paid by appropriation from the Mississippi Business Investment Sinking Fund, and/or the State General Fund. All moneys paid into the Mississippi Business Investment Sinking Fund not appropriated to pay accruing bonds and interest shall be invested by the State Treasurer in such securities as are provided by law for the investment of the sinking funds of the state.

(2) In the event that all or any part of the bonds and notes are purchased, they shall be canceled and returned to the loan and transfer agent as canceled and paid bonds and notes and thereafter all payments of interest thereon shall cease and the canceled bonds, notes and coupons together with any other canceled bonds, notes and coupons shall be destroyed as promptly as possible after cancellation but not later than two (2) years after cancellation. A certificate evidencing the destruction of the canceled bonds, notes and coupons shall be provided by the loan and transfer agent to the seller.

(3) The State Treasurer shall determine and report to the State Fiscal Management Board and Legislative Budget Office by September 1 of each year the amount of money necessary for the payment of the principal of and interest on outstanding obligations for the following fiscal year and the times and amounts of the payments. It shall be the duty of the Governor to include in every executive budget submitted to the Legislature full information relating to the issuance of bonds and notes under the provisions of this chapter and the status of the Mississippi Business Investment Sinking Fund of the state for the payment of the principal of and interest on the bonds and notes.

(4) Except as otherwise provided by law, the rate of interest on any loan made using funds from the Mississippi Business Investment Fund may be negotiated by the department and shall be consistent with Section 57-61-11(b) and (c), Mississippi Code of 1972 . Notwithstanding the provisions of any other law to the contrary, the interest rate charged shall not be set such that the aggregate of the interest, penalties and other payments to the state on loans and other assistance made using funds from the Mississippi Business Investment Fund will cause the bonds issued pursuant to this chapter to be deemed arbitrage bonds pursuant to Section 103(c) of the Internal Revenue Code of 1954 and the regulations promulgated thereunder. In the case of loans initially funded from the proceeds of notes and subsequently funded from renewal bonds and notes, the interest rate to be charged on the loans shall be established in accordance with this subsection upon the sale of bonds or notes, as the case may be, for the loans. It is the intention of the Legislature that the penalties assessed for breach of program conditions imposed upon private companies shall not be treated as interest income for purposes of Section 103(c) of the Internal Revenue Code of 1954 .
Miss. Code Ann. § 57-77-27 — MS Code / Title 57 / Chapter 69 / Section 77-27
Miss. Code Ann. § 57-77-27
Status: in_force

No assistance shall be provided to a business under this chapter unless the business certifies to the Magnolia Venture Capital Corporation, in a form satisfactory to the department, that it will not discriminate against any employee or against any applicant for employment because of race, religion, color, national origin, sex or age.
Miss. Code Ann. § 57-61-35 — MS Code / Title 57 / Chapter 3 / Section 61-35
Miss. Code Ann. § 57-61-35
Status: in_force

Except as otherwise authorized in Section 7-5-39 , the Attorney General of the State of Mississippi shall represent the seller in issuing, selling and validating bonds herein provided for, and the seller is hereby authorized and empowered to expend from the proceeds derived from the sale of the bonds authorized hereunder all necessary administrative, legal and other expenses incidental and related to the issuance of bonds authorized under this chapter.
Miss. Code Ann. § 57-61-35 — MS Code / Title 57 / Chapter 47 / Section 61-35
Miss. Code Ann. § 57-61-35
Status: in_force

Except as otherwise authorized in Section 7-5-39 , the Attorney General of the State of Mississippi shall represent the seller in issuing, selling and validating bonds herein provided for, and the seller is hereby authorized and empowered to expend from the proceeds derived from the sale of the bonds authorized hereunder all necessary administrative, legal and other expenses incidental and related to the issuance of bonds authorized under this chapter.
Miss. Code Ann. § 57-57-13 — MS Code / Title 57 / Chapter 10 / Section 57-13
Miss. Code Ann. § 57-57-13
Status: in_force

The board may promulgate necessary rules and regulations and prescribe procedures to effectuate the purposes of this chapter.
Miss. Code Ann. § 57-62-3 — MS Code / Title 57 / Chapter 9 / Section 62-3
Miss. Code Ann. § 57-62-3
Status: in_force

It is the intent of the Legislature that:

(a) The State of Mississippi provide appropriate incentives to support the establishment of quality business and industry that hold the promise of significant development of the economy of the State of Mississippi through the creation of quality jobs;

(b) The amount of incentives provided under this chapter in connection with a particular establishment shall be directly related to the jobs created as a result of the establishment locating in the State of Mississippi;

(c) The Mississippi Development Authority and the Department of Revenue shall implement the provisions of this chapter and exercise all powers as authorized in this chapter; however, the application of this chapter or the offering of any of its incentives as to any particular qualified business or industry shall be in the sole discretion of the Mississippi Development Authority. The exercise of powers conferred by this chapter shall be deemed and held to be the performance of essential public purposes; and

(d) Nothing in this chapter shall be construed to constitute a guarantee or assumption by the State of Mississippi of any debt of any individual, company, corporation or association nor to authorize the credit of the State of Mississippi to be given, pledged or loaned to any individual, company, corporation or association. Also, nothing in this chapter gives any right to any qualified business or industry to the incentives contained herein unless said incentive is given by the Mississippi Development Authority pursuant to this chapter.
Miss. Code Ann. § 57-103-7 — MS Code / Title 57 / Chapter 78 / Section 103-7
Miss. Code Ann. § 57-103-7
Status: in_force

(1) There is established under the direction of Innovate Mississippi (“IMS”) a program to be known as the “Proof of Concept Grant Program” for the purpose of making assistance available to provide working capital to support the initial capitalization of technology-based businesses in rural Mississippi.

(2)(a) In order to be eligible for assistance under the program, a business must: (i) have its principal place of business based in Mississippi, (ii) produce or provide a product and/or service that is science or technology related, (iii) have fewer than one hundred fifty (150) employees, and (iv) have completed its product and/or service development planning. For the purposes of this paragraph, a “ rural county ” shall be a county designated as such by IMS.

(b) Any business desiring to participate in the program must submit an application to IMS. The application must contain a description of the purposes for which the assistance is requested, the amount of assistance requested and any other information requested by IMS. If IMS staff reviewing the application determines that an application should be reviewed by the Seed Fund Investment Board appointed by IMS Board of Directors, the application shall be forwarded to the Seed Fund Investment Board. If the Seed Fund Investment Board approves the application, IMS shall negotiate a contract with the business regarding any assistance provided to the business under the program, the expenditure of the assistance provided to the business, and any other matters to which the parties may agree. Any such contract must provide for at least the following: (i) that any assistance provided to the business will be on a reimbursement basis in which the business will expend funds according to the terms of the contract and submit invoices, receipts and other applicable documentation and information to IMS for reimbursement; (ii) that no funds may be expended or used for patent prosecution, reorganization of the business, or payment of any existing debt of the business outstanding or otherwise incurred at the time the contract is entered into; (iii) that no funds may be expended to reimburse expenses for work conducted or services provided by the business, a university or a third-party consultant if those expenses were incurred before the term of the contract; (iv) that the business receiving assistance will retain ownership of any technology developed by the business regardless of whether the technology is developed before or after the receipt of assistance; and (v) that the business will provide matching funding of One Dollar ($1.00) for every One Dollar ($1.00) of assistance, with at least twenty-five percent (25%) of the match being in cash and the remaining amount being from in-kind services, all of which must be documented by time sheets, payroll receipts, invoices and other documentation or information required by IMS. Assistance received by a business may be expended for hiring third-party consultants to assist the business and for equipment. The amount of assistance that a business may receive under the program shall not exceed Ten Thousand Dollars ($10,000.00) and any award of assistance shall be made on a one-time basis.

(c) Except as otherwise provided in this paragraph, a business receiving assistance under the program shall not be required to repay the assistance unless IMS determines that the business has violated significant terms of its agreement, presented false information or misrepresented facts in its application. If it is determined the business violated terms or submitted false or knowingly incorrect information, the business will be required to repay one hundred percent (100%) of the amount of assistance received.

(3) There is created in the State Treasury a special fund, to be designated as the “Proof of Concept Grant Program Fund,” which shall consist of funds appropriated or otherwise made available by the Legislature. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. 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 or investment earnings on amounts in the fund shall be deposited into such fund. Monies in the fund shall be disbursed, in the discretion of the Mississippi Development Authority, to provide funds to IMS for the purposes described in this section, or for the purposes described in Sections 57-103-1 , 57-103-3 , 57-103-5 and/or 57-103-9 if IMS determines that the funds are not needed for the purposes described in this section.
Miss. Code Ann. § 57-21-15 — MS Code / Title 57 / Chapter 5 / Section 21-15
Miss. Code Ann. § 57-21-15
Status: in_force

(1) Chemical Regulatory Division-Funds for the operation and support of this laboratory division shall be appropriated from the General Fund by the Legislature.

(2) Petroleum Products Division-This division shall be supported by an appropriation from the General Fund by the Legislature.

(3) Industrial and Agricultural Services Division-This division shall be supported by funds appropriated by the Legislature, and by payments from negotiated contracts or service fees. All income from fees and contracts shall be deposited in a restricted fund at the university, from which payment of costs shall be made for operation of the division on such contracts or services. All projects shall be nearly or wholly self-supporting, including the cost of special equipment required to conduct such services. Annual financial reports of this restricted fund and division projects shall be made separately to the Legislative Budget Office and the State Fiscal Management Board. Any excess money in the fund, as determined by joint audit by the State Fiscal Management Board, university on intervals of four (4) years, shall be returned to the General Fund of the state.

(4) Research Division-This division shall be funded by appropriations from the Legislature and by research grants or contracts from federal or state agencies, industries or individuals. Each research grant or contract shall be self-supporting, including payment of overhead costs to the university. Annual accounting of all money received and disbursed shall be made to the contractee or grantee and to the Legislative Budget Office and the State Fiscal Management Board.
Miss. Code Ann. § 57-100-9 — MS Code / Title 57 / Chapter 71 / Section 100-9
Miss. Code Ann. § 57-100-9
Status: in_force

The MDA and the State Tax Commission shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, and all application forms and other forms necessary to implement their respective duties and responsibilities under the provisions of this chapter.
Miss. Code Ann. § 57-41-5 — MS Code / Title 57 / Chapter 40 / Section 41-5
Miss. Code Ann. § 57-41-5
Status: in_force

The principal of, redemption premium, if any, and interest on the notes of the municipality shall be payable solely out of, and shall be secured by a pledge of the revenues and receipts derived from the industrial enterprise as designated in the proceedings of the governing body under which the notes shall be authorized to be issued, including debt obligations of the industrial enterprises obtained from or in connection with the financing of a project, and from such other sources available to the municipality as may be designated by the governing body in its proceedings in connection with the issuance of the notes. Such notes may be executed and delivered by the governing body at any time and from time to time, may be in such form and denominations, may be subject to such terms of redemption, may mature at such time or times not exceeding ten (10) years; and may be in fully registered form or in bearer form registrable either as to principal or interest or both, may bear such conversion privileges and be payable in such installments and at such time or times, may be payable at such place or places, whether within or without the state of Mississippi, may bear interest irrespective of any interest rate limitation, payable at such time or times, and at such place or places and evidenced in such manner, and may contain such provisions not inconsistent herewith, all as shall be provided in the proceedings of the governing body whereunder the notes shall be authorized to be issued.

Any notes of the governing body may be sold at public or private sale. The governing body may pay all expenses, premiums and commissions which its governing body may deem necessary or advantageous in connection with the issuance thereof, but solely from the proceeds of the notes. Bonds issued hereunder shall be validated in the manner provided by law in the chancery court of the county in which the municipality is located.
Miss. Code Ann. § 57-49-41 — MS Code / Title 57 / Chapter 43 / Section 49-41
Miss. Code Ann. § 57-49-41
Status: in_force

The board shall rely on the expertise of staff in other state agencies to assist the board in its duties whenever possible and these other state agencies shall assist the board as much as possible in fulfilling its duties.
Miss. Code Ann. § 57-41-9 — MS Code / Title 57 / Chapter 23 / Section 41-9
Miss. Code Ann. § 57-41-9
Status: in_force

All notes issued by a municipality under authority of this chapter shall be limited obligations of the municipality, the principal of, redemption premium, if any, and interest on which shall be payable solely from revenues received by the municipality pursuant to the loan agreement or pursuant to notes and deeds of trust delivered to the municipality and from such other funds as may be made available to the municipality for such purpose by the terms of the trust agreement. Notes issued under authority of this chapter shall never constitute an indebtedness of the municipality within the meaning of any state constitutional provision or statutory limitation, and shall never constitute nor give rise to a pecuniary liability of the municipality or a charge against its general credit or taxing powers, and such fact shall be plainly stated on the face of each such note. The notes shall not be considered when computing any limitation of indebtedness of the municipality established by law. All notes issued under the authority of this chapter shall be construed to be negotiable instruments, despite the fact that they are payable solely from a specified source.
Miss. Code Ann. § 57-21-7 — MS Code / Title 57 / Chapter 15 / Section 21-7
Miss. Code Ann. § 57-21-7
Status: in_force

The chief executive officer of the laboratory shall be the State Chemist.

(a) Qualifications: The State Chemist shall be an individual who has earned the Doctor of Philosophy degree or its equivalent at a recognized university or college qualified to grant such degrees. The major field of his or her training should be preferably in traditional or applied fields of chemistry or biochemistry, but other disciplines may be acceptable if the individual has experience qualifying him or her otherwise. He or she should also have knowledge by training or experience of agricultural, industrial or health-related fields. The candidate for State Chemist must be acceptable as a faculty member in a department of the university appropriate to his or her earned doctorate degree.

(b) Appointment: The State Chemist shall be appointed by the president of the university, with the advice and consent of the Senate, for a term of six (6) years; and the said State Chemist shall serve for said six-year term and until his successor shall have been appointed and qualified. However, it is provided that the said State Chemist may be removed from office by the Board of Trustees of State Institutions of Higher Learning upon the demonstration of his inability to serve due to illness, incompetence, malfeasance in office, dereliction of duty or moral turpitude. The Board of Trustees of State Institutions of Higher Learning shall fix the annual salary of the State Chemist, who shall be paid from the budget of the Mississippi State Chemical Laboratory or from the budget of the university, or from both, whichever is deemed desirable by the Board of Trustees of State Institutions of Higher Learning.

(c) Status: The State Chemist shall simultaneously hold an appointment as professor in a department of the university appropriate to the discipline of their doctorate degree. He or she may be granted tenure as a faculty member in accordance with the rules current at the university upon his or her appointment. As a state regulatory official, the duties of the State Chemist are service in nature. However, as time permits, the State Chemist may teach or direct research as part of his or her professional duties, and may serve in other administrative positions as deemed desirable with the consent and approval of the president of the university and the board of trustees. He or she shall receive appropriate reimbursement for such services.

(d) Responsibility: The State Chemist shall be responsible to and shall report to the president of the university or a designee of the president.

(e) Duties: The State Chemist shall:

1. Serve as the chief executive officer and director of the State Chemical Laboratory.

2. Recommend the appointment, discharge, annual salaries, duties, and titles of administrative, technical and support personnel and staff of the laboratory to assist him or her in carrying out its authorized functions.

3. Prepare and submit budget requests for the laboratory to the appropriate agency, subject to approval by the president of the university and the board of trustees. The State Chemist shall present such requests before the Legislative Budget Office and legislative committees. He or she shall prepare an annual budget for operation of the laboratory from appropriated or special funds or other income available, and shall make monthly, quarterly and other reports of such income and expenditures to the appropriate agencies as required by law.

4. Maintain an inventory of laboratory equipment and report it appropriately to the proper agencies as required by law.

5. Prepare annual or biennial reports and special reports as needed of laboratory activities, programs and recommendations. Such reports shall be submitted to governmental heads and agencies as required by statutes, to the president of the university, the Board of Trustees of State Institutions of Higher Learning, and to the chief executive officer of each agency with which it cooperates.

6. Serve on such state or national agencies, commissions, boards, organizations or committees as required by law.

7. Conduct other business necessary and desirable for proper discharge of his or her responsibilities to the state or as may be stipulated here or elsewhere in the laws of Mississippi.
Miss. Code Ann. § 57-10-521 — MS Code / Title 57 / Chapter 5 / Section 10-521
Miss. Code Ann. § 57-10-521
Status: in_force

(1) There is hereby created a special fund in the State Treasury to be known as the Mississippi Small Business Assistance Fund out of which grants and expenditures authorized in connection with the program shall be disbursed. All monies received by issuance of bonds to carry out the purposes of this article shall be deposited into the Mississippi Small Business Assistance Fund.

(2) All funds repaid to the State Treasury under this article or designated hereunder for repayment of any bonds issued under this article shall be delivered to the State Treasurer for deposit in the General Fund.
Miss. Code Ann. § 57-43-3 — MS Code / Title 57 / Chapter 33 / Section 43-3
Miss. Code Ann. § 57-43-3
Status: in_force

The Executive Director of the Mississippi Department of Transportation, with the approval of the Mississippi Transportation Commission, may enter into agreements with railroads, the United States government, persons, municipalities, counties, local railroad authorities or regional railroad authorities for carrying out the purposes of this chapter. Agreements entered into between the executive director and railroad corporations pursuant to this chapter may require payment by the railroad corporation of a portion of revenue derived from the improved rail line into the Railroad Revitalization Fund and to users who have paid a portion of the cost of the improved line. Any agreement between the executive director and a railroad corporation shall also include a condition that, as a prerequisite to its receipt of any monies available under this chapter, a railroad corporation agrees not to abandon any section of line on which such monies are to be spent until all of the monies expended on such section out of the Railroad Revitalization Fund have been replaced. The board of supervisors of a county and the governing authority of a municipality may enter into an agreement with the Mississippi Department of Transportation to receive a portion of the payments made by a railroad corporation to the Railroad Revitalization Fund pursuant to this chapter. The amount received by a county or municipality shall not exceed the amount appropriated to the Railroad Revitalization Fund by the county or municipality pursuant to this chapter.
Miss. Code Ann. § 57-103-11 — MS Code / Title 57 / Chapter 78 / Section 103-11
Miss. Code Ann. § 57-103-11
Status: in_force

(1) There is created in the State Treasury a special fund, to be designated as the “Mississippi Technology Alliance Administration Fund,” which shall consist of funds appropriated or otherwise made available by the Legislature. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. 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 or investment earnings on amounts in the fund shall be deposited into such fund. Monies in the fund shall be disbursed, in the discretion of the Mississippi Development Authority, to provide funds to defray the costs incurred by the Mississippi Technology Alliance in the implementation and administration of the programs created in Sections 57-103-1 through 57-103-9 .

(2)(a) Before January 1, 2010, the Mississippi Technology Alliance shall devise and implement a performance monitoring system consisting of the following:

(i) Objectives and benchmarks for each program;

(ii) Performance measures for each program; and

(iii) A definition of the return on investment that is appropriate and accurate for every program.

(b) From and after January 1, 2011, the Mississippi Technology Alliance shall report annually to the Mississippi Development Authority and the Legislature as to its success in meeting its program objectives and performance measures required by this subsection (2).

(c) The Mississippi Development Authority may not disburse any funds to the Mississippi Technology Alliance, unless it has met the reporting requirements of this subsection (2).
Miss. Code Ann. § 57-61-9 — MS Code / Title 57 / Chapter 55 / Section 61-9
Miss. Code Ann. § 57-61-9
Status: in_force

(1) Any private company desiring assistance from a municipality shall submit to the municipality a letter of intent to locate, expand or build a facility entirely or partially within the municipality or on land the municipality is authorized to own or otherwise acquire. The letter of intent shall include:

(a) Except for strategic investments, a commitment that the proposed project will create and maintain a minimum of ten (10) net new full-time equivalent jobs, will create and maintain at least a five percent (5%) increase in full-time equivalent jobs in the case of expansion of an enterprise already located at the site or at least a twenty-five percent (25%) increase in full-time equivalent jobs pursuant to subsection (9) of Section 57-61-15 and will create and maintain at least one (1) net new full-time equivalent job for every Fifteen Thousand Dollars ($ 15,000.00) either loaned or granted for the project. The commitment required by this paragraph (a) shall include any jobs created prior to March 31, 1986 resulting from contracts entered into contingent upon assistance being made available under this chapter. All jobs required to be maintained by this paragraph (a) shall be maintained until such time as any loan made under this chapter for the benefit of a private company is repaid.

(b) A statement that the specific improvements are necessary for the efficient and cost-effective operation of the private company, together with supporting financial and engineering documentation.

(c) Any commitment to pay rental on, or to make loan repayments related to, the improvements to be made with funds loaned to a municipality under this chapter.

(d) If required by the Mississippi Development Authority, a notarized statement of willingness to grant a lien on the facility for which the improvement is being provided, in an amount and a manner to be determined by the Mississippi Development Authority, which lien may be foreclosed in the event that the private company fails to operate in the facility according to the terms of the agreement and/or to collateralize the loan made for the benefit of the private company for which the improvement is being provided in an amount and manner to be determined by the Mississippi Development Authority. In the event the contractual agreement is to be entered into with a department or subsidiary of the United States government, the Mississippi Development Authority shall determine that the governmental unit will operate the proposed project for a sufficient number of years to retire the loan based on increased revenue estimates by the University Research Center and any agreement entered into shall reflect that the interest paid on any loan for such purpose shall be included in Mississippi's contributory value in the project. In the event the private company requesting the assistance is a subsidiary of another corporation, if required by the Mississippi Development Authority, any contractual agreement entered into shall also require the parent company to unconditionally warrant the performance of the subsidiary in carrying out the terms of the agreement or it shall require the subsidiary and/or the parent company to pledge assets in an amount and a manner to be determined by the Mississippi Development Authority and/or to collateralize the loan in an amount and a manner to be determined by the Mississippi Development Authority to ensure the performance of the terms of the contract.

(2) Upon receipt of the letter of intent from a private company, the municipality may apply to the Mississippi Development Authority for a loan or grant. The application from the municipality shall include, but not be limited to:

(a) A statement of the purpose of the proposed loan or grant, including a list of eligible items and the cost of each.

(b) A statement showing the sources of funding for the entire project, including the private company's or governmental unit's investment in the project and any public and other private sources of funding.

(c) A certified copy of the signed letter of intent from a private company or governmental unit, as specified in this section.

(d) Evidence that there will be a private match of at least Three Dollars ($ 3.00) for every One Dollar ($ 1.00) of state assistance, except:

(i) In the case of ports the private match will be at least Two Dollars ($ 2.00) for every One Dollar ($ 1.00) of state assistance; and

(ii) In the case where the Mississippi Development Authority determines that a private company is a high technology enterprise the private match will be at least Two Dollars ($ 2.00) for every One Dollar ($ 1.00) of state assistance.

The Mississippi Development Authority shall establish criteria for determining whether a private company is a high technology enterprise.

(e) Demonstration that the private company is financially sound and is likely to fulfill the commitments made in its letter of intent.

(f) A proposed timetable for the provision of the improvements.

(g) Evidence that the project will be expeditiously carried out and completed as planned.

(h) A demonstration that insufficient local capital improvement funds at reasonable rates and terms are available within the necessary time to provide the needed improvement on public property. This includes local funds available through issuance of bonds or other means, state funds available through existing programs, and available federal program funds such as community development block grant funds, urban development action grant funds, and economic development administration funds.

(i) A demonstration that insufficient private funds are available at reasonable rates and terms within the necessary time to fund improvement on property owned by the private company.

(3) The Mississippi Development Authority shall consider grant and loan applications based on the following criteria:

(a) The number of net new full-time equivalent jobs that will be provided and the amount of additional state and local tax revenue estimated by the University Research Center to be directly generated by the private company's new investment, and additionally, as to loan applications by state agencies, the extent to which shipping through the port will be increased by the proposed port development projects, the degree to which jobs will be increased in the port area and the impact on port revenues.

(b) The ability to repay the principal and interest, in the case of a loan, based on increased revenue estimates and any revenue-producing provision of a contractual agreement.

(c) The increase in the employment base of the state.

The Mississippi Development Authority and the University Research Center may use the resources and capabilities of the planning and development districts in carrying out the provisions of this chapter.

(4) No loan shall be made in excess of the amounts which can be repaid with the increased revenues estimated by the University Research Center, provided that this subsection (4) shall not apply to loans in connection with a United States Navy home port.

(5)(a) Notwithstanding anything contained in this chapter, an agency of the State of Mississippi operating a state-owned port, and hereinabove identified as a “ municipality ” and “ governmental unit ” for purposes of this chapter, may make application for a loan or grant under the terms and provisions of this chapter. In addition, a public agency operating a port bordering on the Gulf of Mexico, which shall be considered to be a “ municipality ” or a “ governmental unit ” for the purposes of this chapter, may make application for a loan or grant under the terms and provisions of this chapter from funds other than those funds authorized for a state-owned port under paragraph (e)(iii) of Section 57-61-11 . The application shall be initiated by submission of a letter of intent to engage in a project or projects for the purpose of effecting enlargement and improvement in all facilities used and useful in attracting international and foreign commerce through the port. Projects eligible for inclusion in the letter of intent may include, but not be restricted to:

(i) Dredging and deepening the access channel and harbor basin of the port;

(ii) Effecting the enlargement of the land area of the port by reclamation;

(iii) Construction and installation of piling, bulkheads, docks, wharves, warehouses and appurtenances; and

(iv) Acquisition of facilities and equipment for handling bulk and containerized cargo.

(b) With respect to a state-owned port bordering on the Gulf of Mexico, the letter of intent shall include the following information and any other information required by the Mississippi Development Authority:

(i) Present and future annual tonnages expected as a result of the improvements.

(ii) Reasons why present facilities are inadequate to enable the port to compete, including limitations imposed by insufficient depth of channel and basin.

(iii) Increased channel and basin depths necessary to accommodate modern shipping.

(iv) Comparison of the percentage of the world's cargo shipping that can now be accommodated with what could be accommodated with project improvements.

(v) Economic contribution to the region and state resulting from increased shipping activity.

(vi) Statement of degree to which port revenues are expected to be increased as a result of projects.

(vii) Financial data of port activities, including cost of project, degree of federal funding available and required local participation.

On or before January 1, 1989, a state-owned port described in this paragraph (b) shall submit to the Senate Finance Committee and the House Ways and Means Committee of the Mississippi Legislature a comprehensive, written report updating for each committee the information listed in items (i) through (vii) of this paragraph (b) with particular emphasis on the economic contribution to the region and state by shipping activity at the port; on financial data with respect to the degree of federal funding available and local participation in funding port activities; and on progress made in dredging and completing other improvements necessary to accommodate modern shipping.

(c) The Mississippi Development Authority shall consider grant and loan applications based on the following:

(i) The extent to which shipping through the port will be increased by the proposed projects.

(ii) The degree to which jobs will be increased in the port area.

(iii) Impact on port revenues.

(iv) The ability of the port to repay interest and principal in the case of a loan.

(6) A municipality may apply to the Mississippi Development Authority for a grant under the terms and provisions of this chapter, and the Mississippi Development Authority may award grants to a municipality subject to limitations contained in this chapter. The application shall be initiated by submission of a letter of intent to engage in a project or projects for the purpose of providing improvements necessary to accommodate a United States Navy home port.

(7) The Legislature hereby finds and determines that financing facilities necessary to accommodate a Navy home port serves a valid public purpose in that a Navy home port will significantly contribute to the employment base of the state which is in great need of assistance; provided, that in the event such facilities are no longer required for use by the Navy as a home port, such facilities shall revert as provided in Section 59-9-21 .

(8) Notwithstanding any provision or requirement of this chapter to the contrary, a municipality may make application for a loan under this chapter, in an amount not to exceed Five Million Dollars ($ 5,000,000.00), for the purpose of acquiring and developing land to be used as a technology/industrial park for which there is a binding commitment by one or more private companies to create and maintain not less than an aggregate of three hundred (300) jobs meeting minimum criteria established by the Mississippi Development Authority. Such a commitment by a private company shall not disqualify the private company from obtaining assistance under this section. The match requirements of this section shall not apply to any loan made pursuant to this subsection (8).

(9) Notwithstanding any provision or requirement of this chapter to the contrary, a municipality operating a county-owned port or municipally owned port may make application for a loan under this chapter, in an amount not to exceed Three Million Dollars ($ 3,000,000.00), for the purpose of acquiring land, buildings and other improvements and for repairing, renovating, maintaining and improving such a port.

(10)(a) A municipality is authorized to negotiate a contract for the acquisition, construction and erection of a project or any portion of a project hereunder where a municipality finds that, because of the particular nature of a project or any portion thereof, it would be in the best public interest of the municipality to negotiate.

(b) Contracts by a private company for the acquisition, construction or erection of a project which receives assistance under this chapter shall be effected in the manner prescribed by law for public contracts, unless the Mississippi Development Authority makes a written finding that, because of special circumstances with respect to the projects or any portion thereof, it would better serve the public interest or more effectively achieve the purposes of this chapter to enter into such contracts based on negotiation.

(11) A municipality is authorized upon such terms and conditions as the municipality may deem advisable, provided such terms and conditions shall not be in conflict with the provisions of this chapter, to (a) acquire, whether by construction, purchase, gift or lease, all of or any portion of a project hereunder; (b) to lease or sell to others all of or any portion of a project hereunder; and (c) to lend to the private company the proceeds of the loan from the board to such municipality.

(12) All agreements between a municipality and a private company related directly or indirectly to a project or a portion of a project to be funded in whole or in part under this chapter are subject to approval by the Mississippi Development Authority.
Miss. Code Ann. § 57-23-5 — MS Code / Title 57 / Chapter 21 / Section 23-5
Miss. Code Ann. § 57-23-5
Status: in_force

The board of trustees of state institutions of higher learning is hereby authorized and directed to establish a research institute of pharmaceutical sciences at the University of Mississippi under the direction of the chancellor and such other administrative authorities within the university as said board of trustees may determine.
Miss. Code Ann. § 57-61-35 — MS Code / Title 57 / Chapter 21 / Section 61-35
Miss. Code Ann. § 57-61-35
Status: in_force

Except as otherwise authorized in Section 7-5-39 , the Attorney General of the State of Mississippi shall represent the seller in issuing, selling and validating bonds herein provided for, and the seller is hereby authorized and empowered to expend from the proceeds derived from the sale of the bonds authorized hereunder all necessary administrative, legal and other expenses incidental and related to the issuance of bonds authorized under this chapter.
Miss. Code Ann. § 57-39-109 — MS Code / Title 57 / Chapter 10 / Section 39-109
Miss. Code Ann. § 57-39-109
Status: in_force

Any agency or institution designated by the division and funded in whole or in part by public funds shall appoint a coordinator from existing staff who shall advise the agency head or institution head on energy-related matters. The coordinator shall confer and cooperate with the board in developing, implementing and evaluating an energy management plan for the agency or institution. Any public school district may appoint a coordinator from its existing staff.
Miss. Code Ann. § 57-55-11 — MS Code / Title 57 / Chapter 5 / Section 55-11
Miss. Code Ann. § 57-55-11
Status: in_force

(1) The Mississippi Small Business Development Center, hereinafter referred to as SBDC, is hereby established. The board of trustees of state institutions of higher learning is hereby authorized to establish the Mississippi Small Business Development Center at the University of Mississippi under the direct supervision of the chancellor of the university and the dean of the business school.

(2) It shall be the function and duty of the SBDC to:

(a) Develop a system to deliver management assistance to the small business community utilizing the resources of local, state and federal government programs, various segments of the private sector, and universities and colleges throughout the state;

(b) Make management and technical assistance available to small businesses in Mississippi by linking together the above resources;

(c) Develop small business opportunities for new start-ups and the expansion of existing businesses;

(d) Develop the economic area served by the SBDC by providing opportunities for increased productivity through utilization of modern technology as developed by government, the university and the private sector;

(e) Develop a clearinghouse for the collection and dissemination of economic and business data;

(f) Assist businesses in developing more efficient marketing and distribution channels, including foreign trade marketing;

(g) Increase opportunities for socially and/or economically disadvantaged entrepreneurs to enter the mainstream of our economy through an organized outreach program; and

(h) Increase small business viability so that the small business client “graduates” from the SBDC.

(3) The principal officer of the SBDC shall be an executive director who shall be appointed by the chancellor of the University of Mississippi, with the approval of the board of trustees of state institutions of higher learning.
Miss. Code Ann. § 57-55-1 — MS Code / Title 57 / Chapter 11 / Section 55-1
Miss. Code Ann. § 57-55-1
Status: in_force

This chapter may be cited as the “Universities Research Institutes Act of 1983.”
Miss. Code Ann. § 57-123-51 — MS Code / Title 57 / Chapter 71 / Section 123-51
Miss. Code Ann. § 57-123-51
Status: in_force

The COVID-19 public health emergency has had a significant negative impact on Mississippi's tourism industry. American Rescue Plan Act funds are specifically targeted toward assisting in the recovery of the tourism and hospitality sectors. The funds provided in this article are necessary expenditures related to COVID-19, the purpose of which is to publicize the resumption of tourism activities and steps taken to ensure a safe tourism experience and to support the travel and hospitality economy of Mississippi. It is the intention of the Legislature that the activities defined in this article will address the negative economic impacts of COVID-19 on the tourism, travel, and hospitality industries as allowed by the American Rescue Plan Act of 2021 and subsequent guidance issued by the United States Department of Treasury.
Miss. Code Ann. § 57-40-3 — MS Code / Title 57 / Chapter 31 / Section 40-3
Miss. Code Ann. § 57-40-3
Status: in_force

There is established an energy infrastructure revolving loan program to be administered by the MDA for the purpose of assisting counties and municipalities in:

(a) Constructing, repairing or improving infrastructure related to a project, including, but not limited to, making a contribution in aid of construction to an energy-providing utility or cooperative for its constructing, repairing, improving and owning such infrastructure;

(b) Site preparation related to a project on property owned by a county or municipality; and

(c) Site preparation on property owned by the enterprise owning or operating a project.
Miss. Code Ann. § 57-49-23 — MS Code / Title 57 / Chapter 23 / Section 49-23
Miss. Code Ann. § 57-49-23
Status: in_force

In appropriate cases, the board upon recommendation of the council shall request the state attorney general to institute or intervene in judicial proceedings to protect the state's interests and present the state's point of view on matters related to the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste.
Miss. Code Ann. § 57-31-27 — MS Code / Title 57 / Chapter 19 / Section 31-27
Miss. Code Ann. § 57-31-27
Status: in_force

All bonds issued under the provisions of this chapter shall be legal investments for trustees and other fiduciaries, and for savings banks, trust companies, and insurance companies organized under the laws of the State of Mississippi, and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and political subdivisions for the purpose of securing the deposit of public funds.
Miss. Code Ann. § 57-47-5 — MS Code / Title 57 / Chapter 19 / Section 47-5
Miss. Code Ann. § 57-47-5
Status: in_force

The governor is authorized and empowered to enter into agreements and to perform other necessary acts and deeds incident to the purposes of this compact.
Miss. Code Ann. § 57-31-9 — MS Code / Title 57 / Chapter 19 / Section 31-9
Miss. Code Ann. § 57-31-9
Status: in_force

The authority shall have power and is hereby authorized with the approval and consent of the board of supervisors of such county, at one time or from time to time, to provide by resolution for the issuance of negotiable promissory notes or revenue bonds of the authority to provide funds for the purpose of paying all or any part of the cost of any project authorized by this chapter, but in no event shall the amount of such bonds issued for any project exceed the estimated cost of any such project nor shall the amount of such bonds exceed the amount which can be repaid, together with interest accruing thereon, from funds pledged to said authority under Section 27-39-329 . The principal of and the interest on such revenue bonds shall be payable solely from a special fund to be provided for that purpose in the manner hereinafter set forth. Such bonds shall bear date or dates, be in such denomination or denominations, bear interest at such rate or rates, be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times, be redeemable prior to maturity at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as shall be determined by resolution of the authority; however, such bonds shall mature in annual installments extending not more than thirty (30) years from date thereof. Such bonds shall be signed by the president of the authority, or by his facsimile signature, and the official seal of the authority shall be affixed thereto, attested by the secretary of the authority. The interest coupons, if any, to be attached to such bonds may be executed by the facsimile signatures of said officers. Whenever any such bonds shall have been signed by the officials herein designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until the delivery of the same to purchaser or had been in office on the date such bonds may bear. Prior to approval being granted by the board for bonds to be issued by the authority, the board shall comply with the provisions of Section 19-9-11 . The bonds of any issue shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-103 . No bond shall bear more than one (1) rate of interest; each bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid; all bonds of the same maturity shall bear the same rate of interest from date to maturity; all interest accruing on such bonds so issued shall be payable semiannually or annually, except that the first interest coupon attached to any such bond may be for any period not exceeding one (1) year.

No interest payment shall be evidenced by more than one (1) coupon and neither cancelled nor supplemental coupons shall be permitted; the lowest interest rate specified for any bonds issued shall not be less than seventy percent (70%) of the highest interest rate specified for the same bond issue.

Each interest rate specified in any bid must be in multiples of one-eighth of one percent ( 1 / 8 of 1%) or in multiples of one-tenth of one percent ( 1 / 10 of 1%). The denomination, form, and place, or places, of payment of such bonds shall be fixed in the resolution or order of the authority issuing such bonds.

In addition to the other powers and authority granted by this section, the authority is granted the authority, with the approval and consent of the board of supervisors of the county, to provide by resolution for the issuance of a negotiable promissory note in an amount not to exceed Fifteen Million Dollars ($ 15,000,000.00) to provide funds for a project described in Section 57-75-5(f)(xxii) provided the authority makes a finding that the promissory note will be paid by bonds issued by the board of supervisors of the county. Compliance with the notice provisions of Section 19-9-11 shall not be required for the approval of such promissory note.
Miss. Code Ann. § 57-61-21 — MS Code / Title 57 / Chapter 45 / Section 61-21
Miss. Code Ann. § 57-61-21
Status: in_force

(1) There is hereby created a special fund in the State Treasury to be known as the Mississippi Business Investment Fund dedicated to the purpose of providing grants and/or loans to municipalities for the purpose of providing for improvements authorized by this chapter. All monies received by the board to carry out the purposes of this chapter, by legislative appropriation, issuance of bonds or otherwise, shall be deposited into the Mississippi Business Investment Fund. Expenditures authorized herein shall be paid by the State Treasurer upon warrants drawn from the Mississippi Business Investment Fund, and the State Auditor, or his successor to such duties, shall issue warrants upon requisitions signed by the Chairman or Executive Director of the Mississippi Development Authority.

(2) Any monies repaid to the state from loans funded through the Mississippi Business Investment Fund shall be deposited into the Mississippi Business Investment Sinking Fund, which is hereby created in the State Treasury. Funds required in excess of the amounts available in the Mississippi Business Investment Sinking Fund to retire bonds issued pursuant to this chapter shall be appropriated from the State General Fund.

(3) Monies in the fund which are derived from the proceeds of general obligation bonds or provided by the Legislature may be used to reimburse reasonable actual and necessary costs incurred by the MDA for the administration of the various grant, loan and financial incentive programs administered by the MDA. An accounting of actual costs incurred for which reimbursement is sought shall be maintained by the MDA. Reimbursement of reasonable actual and necessary costs shall not exceed three percent (3%) of the proceeds of bonds issued or the monies provided by the Legislature.
Miss. Code Ann. § 57-119-1 — MS Code / Title 57 / Chapter 65 / Section 119-1
Miss. Code Ann. § 57-119-1
Status: in_force

(1) There is created in the State Treasury a special fund to be designated as the “Gulf Coast Restoration Fund” (GCRF). The GCRF shall consist of funds required to be deposited into the GCRF by Section 27-103-302 , funds appropriated or otherwise made available by the Legislature in any manner, and funds from any other source designated for deposit into the GCRF. Unexpended amounts remaining in the GCRF at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the GCRF shall be deposited to the credit of the GCRF.

(2) Monies in the GCRF shall be administered by the Mississippi Development Authority (MDA), and shall be used, upon appropriation by the Legislature, to provide assistance to applicants through programs or projects authorized by this chapter. Monies in the GCRF shall be used only for programs or projects that are located in the Gulf Coast region as defined in the federal RESTORE Act, or twenty-five (25) miles from the northern boundaries of the three (3) coastal counties of Harrison, Hancock and Jackson, but not to expand beyond the boundaries of Hancock, Harrison, Jackson, Pearl River, Stone, and George Counties. If a county is included in the coastal zone, then the county seat and the land lying to the east, west and south within that county would be considered a part of the coastal zone.
Miss. Code Ann. § 57-61-29 — MS Code / Title 57 / Chapter 35 / Section 61-29
Miss. Code Ann. § 57-61-29
Status: in_force

(1) Pending the issuance of bonds of the state as authorized under this chapter, the seller is hereby authorized in accordance with the provisions of this chapter and on the credit of the state, to make temporary borrowings not to exceed two (2) years in anticipation of the issue of bonds in order to provide funds in such amounts as may, from time to time, be deemed advisable prior to the issue of bonds. In order to provide for and in connection with such temporary borrowings, the seller is hereby authorized in the name and on behalf of the state, and in accordance with Section 57-61-27(1), Mississippi Code of 1972 , to enter into any purchase, loan or credit agreement, or agreements, or other agreement or agreements with any banks or trust companies or other lending institutions, investment banking firms or persons in the United States having power to enter into the same, which agreements may contain such provisions not inconsistent with the provisions of this chapter as may be authorized by the seller.

(2) All temporary borrowings made under this section shall be evidenced by notes of the state which shall be issued, from time to time, for such amounts not exceeding in the aggregate the applicable statutory and constitutional debt limitation, in such form and in such denominations and subject to terms and condition of sale and issue, prepayment or redemption and maturity, rate or rates of interest and time of payment of interest as the seller shall authorize and direct and in accordance with this chapter. Such authorization and direction may provide for the subsequent issuance of replacement notes to refund, upon issuance thereof, such notes, and may specify such other terms and conditions with respect to the notes and replacement notes thereby authorized for issuance as the seller may determine and direct.

(3) When the authorization and direction of the seller provide for the issuance of replacement notes, the seller is hereby authorized in the name and on behalf of the state to enter into agreements with any banks, trust companies, investment banking firms or other institutions or persons in the United States having the power to enter the same:

(a) To purchase or underwrite an issue or series of issues of notes.

(b) To enter into any purchase, loan or credit agreements, and to draw moneys pursuant to any such agreements on the terms and conditions set forth therein and to issue notes as evidence of borrowings made under any such agreements.

(c) To appoint or act as issuing and paying agent or agents with respect to notes.

(d) To do such other acts as may be necessary or appropriate to provide for the payment, when due, of the principal of and interest on such notes.

Such agreements may provide for the compensation of any purchasers or underwriters of notes or replacement notes by payment of a fixed fee or commission at the time of issuance thereof, and for all other costs and expenses, including fees for agreements related to the notes issuing and paying agent costs. Costs and expenses of issuance may be paid from the proceeds of the notes.

(4) When the authorization and direction of the seller provides for the issuance of replacement notes, it shall, at or prior to the time of delivery of these notes or replacement notes, determine the principal amounts, dates of issue, interest rate or rates, rates of discount, denominations and all other terms and conditions relating to the issuance. The State Treasurer shall perform all acts and things necessary to pay or cause to be paid, when due, all principal of and interest on the notes being refunded by replacement notes and to assure that the same may draw upon any moneys available for that purpose pursuant to any purchase loan or credit agreements established with respect thereto, all subject to the authorization and direction of the seller.

(5) Outstanding notes evidencing such borrowings may be funded and retired by the issuance and sale of the bonds of the state as hereinafter authorized. The refunding bonds must be issued and sold not later than a date two (2) years after the date of issuance of the first notes evidencing such borrowings to the extent that payment of such notes has not otherwise been made or provided for by sources other than proceeds of replacement notes.

(6) The proceeds of all such temporary borrowing shall be paid to the State Treasurer to be held and disposed of in accordance with the provisions of Section 57-61-31, Mississippi Code of 1972 .

(7) Notes issued hereunder, and the income therefrom, shall be exempt from all taxation in the State of Mississippi.
Miss. Code Ann. § 57-77-1 — MS Code / Title 57 / Chapter 63 / Section 77-1
Miss. Code Ann. § 57-77-1
Status: in_force

This chapter shall be known, and may be cited, as the Venture Capital Act of 1994.
Miss. Code Ann. § 57-41-5 — MS Code / Title 57 / Chapter 33 / Section 41-5
Miss. Code Ann. § 57-41-5
Status: in_force

The principal of, redemption premium, if any, and interest on the notes of the municipality shall be payable solely out of, and shall be secured by a pledge of the revenues and receipts derived from the industrial enterprise as designated in the proceedings of the governing body under which the notes shall be authorized to be issued, including debt obligations of the industrial enterprises obtained from or in connection with the financing of a project, and from such other sources available to the municipality as may be designated by the governing body in its proceedings in connection with the issuance of the notes. Such notes may be executed and delivered by the governing body at any time and from time to time, may be in such form and denominations, may be subject to such terms of redemption, may mature at such time or times not exceeding ten (10) years; and may be in fully registered form or in bearer form registrable either as to principal or interest or both, may bear such conversion privileges and be payable in such installments and at such time or times, may be payable at such place or places, whether within or without the state of Mississippi, may bear interest irrespective of any interest rate limitation, payable at such time or times, and at such place or places and evidenced in such manner, and may contain such provisions not inconsistent herewith, all as shall be provided in the proceedings of the governing body whereunder the notes shall be authorized to be issued.

Any notes of the governing body may be sold at public or private sale. The governing body may pay all expenses, premiums and commissions which its governing body may deem necessary or advantageous in connection with the issuance thereof, but solely from the proceeds of the notes. Bonds issued hereunder shall be validated in the manner provided by law in the chancery court of the county in which the municipality is located.
Miss. Code Ann. § 57-121-3 — MS Code / Title 57 / Chapter 75 / Section 121-3
Miss. Code Ann. § 57-121-3
Status: in_force

As used in this chapter, the following terms shall have the meanings ascribed unless the context otherwise requires:

(a) “ COVID-19 ” means the Coronavirus Disease 2019.

(b) “ CARES Act ” means the Coronavirus Aid, Relief, and Economic Security Act.

(c) “ Eligible business ” means a for-profit corporation, a limited liability company, a partnership or a sole proprietorship that:

(i) Was domestic as of March 1, 2020;

(ii) Is in good standing with the Secretary of State, if applicable;

(iii) Suffered an interruption of business;

(iv) Has a controlling interest owned by one or more Mississippi residents, whether individual resident citizens or Mississippi domestic business entities;

(v) Filed Mississippi taxes for tax year 2018 or 2019, or, for an eligible business formed on or after January 1, 2020, intends to file Mississippi taxes for tax year 2020, unless exempt under Section 27-7-29 , Section 27-13-63 or other applicable provision of law;

(vi) Has customers or employees coming to its physical premises, conducts business on customer premises, or has an owner who is an active participant in the day-to-day operations of the business;

(vii) Had no more than fifty (50) full-time equivalent employees as of March 1, 2020;

(viii) Is not a subsidiary of a business with more than fifty (50) full-time equivalent employees, is not part of a larger business enterprise with more than fifty (50) full-time equivalent employees and is not owned by a business with more than fifty (50) full-time equivalent employees;

(ix) Does not exist for the purpose of advancing partisan political activities, does not directly lobby federal or state officials as provided in Sections 5-8-1 through 5-8-23 , and has not employed or otherwise worked with a lobbyist as defined in Section 5-8-3 in any way at any point during 2020; and

(x) Does not derive income from passive investments without active participation in business operations.

(d) “ Interruption of business ” means disruption of regular business operations resulting from required or voluntary closure related to COVID-19.

(e) “ Public health measure ” means any action reasonably taken to prevent the spread of COVID-19 in the workplace.

(f) “ Eligible expense ” means a cost incurred by an eligible business for public health measures or due to interruption of business. Eligible expenses due to interruption of business may consist only of mortgage interest, rent, payroll and utilities, or other COVID-19-related expenses allowed by law, each for no more than a two-month period. Eligible expenses shall not include lost profits. No cost will be considered an eligible expense if found to be ineligible under the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies from the Coronavirus Relief Fund established by the CARES Act.

(g) “ MDA ” means the Mississippi Development Authority.

(h) “ Grant ” means an award by the MDA to an eligible business to cover eligible expenses in accordance with this chapter.

(i) “ Program ” means the Back to Business Mississippi Grant Program established in this chapter.

(j) “ Minority business enterprise ” means a socially and economically disadvantaged small business concern performing a commercially useful function which is owned and controlled by one or more minorities or minority business enterprises certified by the Mississippi Development Authority, at least fifty percent (50%) of whom are resident citizens of the State of Mississippi. Except as otherwise provided, for purposes of this chapter, the term “socially and economically disadvantaged small business concern” shall have the meaning ascribed to such term under the Small Business Act, 15 USC Section 637(a) , or women, and the term “ owned and controlled ” means a business in which one or more minorities or minority business enterprises certified by the Mississippi Development Authority own sixty percent (60%) or, in the case of a corporation, sixty percent (60%) of the voting stock, and control sixty percent (60%) of the management and daily business operations of the business.
Miss. Code Ann. § 57-44-37 — MS Code / Title 57 / Chapter 40 / Section 44-37
Miss. Code Ann. § 57-44-37
Status: in_force

The State Treasurer is authorized to certify to the Department of Finance and Administration the necessity for warrants, and the Executive Director of the Department of Finance and Administration is authorized and directed to issue such warrants, in such amounts as may be necessary to pay when due the principal of, premium, if any, and interest on, or the accreted value of, all bonds issued under Sections 57-44-11 through 57-44-39 ; and the State Treasurer shall forward the necessary amount to the designated place or places of payment of such bonds in ample time to discharge such bonds, or the interest thereon, on the due dates thereof.
Miss. Code Ann. § 57-34-7 — MS Code / Title 57 / Chapter 31 / Section 34-7
Miss. Code Ann. § 57-34-7
Status: in_force

(1) The Alabama-Mississippi Joint Economic Development Authority is hereby created by the states for the performance of essential public functions.

(2) The authority shall be governed by a board of directors consisting of the Director of the Alabama Development Office and the Executive Director of the Mississippi Major Economic Impact Authority. The board of directors shall administer, manage and direct the affairs and business of the authority. The board of directors shall act by unanimous consent in exercising the powers now or hereafter granted to the authority and in administering, managing and directing the affairs and business of the authority. The board of directors may delegate the performance of any administrative functions to such persons or public agencies of either of the states as the board of directors deems appropriate.

(3) The board of directors may enter into an administrative agreement setting forth any provision regarding:

(a) The management and operation of the authority;

(b) The terms, conditions or manner in which the authority will engage in projects; and

(c) Any other matters not inconsistent with the terms or purposes of this chapter.

(4) The board of directors may negotiate and enter into a project agreement setting forth any provisions relating to a specific project that are not inconsistent with the terms or purposes of this chapter.

(5) The authority, through its board of directors, is hereby authorized, designated and empowered to:

(a) Promulgate rules and regulations consistent with this chapter concerning such matters as the authority deems appropriate;

(b) Take all steps necessary or appropriate to effect the siting, development and operation of a project within the designated geographic area;

(c) Act on behalf of the states in submitting site and incentive proposals for any project. Notwithstanding anything in this chapter to the contrary, no proposal shall be binding upon the authority or the states until after the project agreement, and the incentives contained in the agreement with respect to the project, have been approved by the legislatures of both states as required under the laws of each state;

(d) To employ or contract with architects, engineers, attorneys, accountants, construction and financial experts and such other advisors, consultants and agents as may be necessary in its judgment and to fix and pay their compensation;

(e) To make applications and enter into any contracts for financial assistance as may be appropriate under applicable federal law or the laws of either state;

(f) To apply for, accept and utilize grants, gifts and other funds or aid from any source for any purpose contemplated by this chapter, and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; and

(g) To acquire by purchase, lease, gift, or in other manner, or obtain options to acquire and to own, maintain, use, operate and convey any and all property of any kind, public or private, real, personal, or mixed, or any interest or estate therein, within the designated geographic area necessary for the project or any facility related and necessary to the project.

(6) If an area within the designated geographic area is selected as the preferred project site for a project and the legislatures of the states have approved a project agreement with respect to the project, the authority is hereby designated and empowered to coordinate fully the development of the project with private business, the United States government and public agencies and/or political subdivisions of both states.

(7) The authority shall create a separate account for money that it receives from sources other than the states and shall account for such monies separate from appropriations and other monies from the states.
Miss. Code Ann. § 57-119-9 — MS Code / Title 57 / Chapter 77 / Section 119-9
Miss. Code Ann. § 57-119-9
Status: in_force

(1) Applicants who are eligible for assistance under this section include, but are not limited to, local units of government, nongovernmental organizations, institutions of higher learning, community colleges, public schools, ports, airports, public-private partnerships, private for-profit entities, private nonprofit entities and local economic development entities. Projects that are eligible for assistance under this section are projects that have the potential to generate increased economic activity in the region, as described in Section 57-119-11(3) .

(2) MDA shall establish criteria, rules, and procedures for accepting and reviewing applications for assistance under this section. MDA, with advice from the Gulf Coast Restoration Fund Advisory Board, shall review, compile and score all timely received applications, and shall present the applications and its recommendations for assistance to individual projects under this section to the Legislature no later than December 1 of the year. The Legislature shall determine individual projects that will be funded under this section by separate line items in an appropriation bill.

(3) Applications for assistance under this section will be received through web portals set up by MDA. MDA shall set criteria for the web portal which may include protection of the confidentiality of any or all of the applications.

(4) The project described in paragraph (m) of Section 18, Chapter 106, Laws of 2020 (Senate Bill No. 2977), to assist George County with a rail connection project, shall not be required to meet the criteria established by the Mississippi Development Authority for the selection and recommendation of projects under this section in order to receive the funds allocated for that project under Chapter 106.
Miss. Code Ann. § 57-49-13 — MS Code / Title 57 / Chapter 25 / Section 49-13
Miss. Code Ann. § 57-49-13
Status: in_force

The responsibilities and duties of the committee shall include, but not be limited to, the following:

(a) To advise the Department of Environmental Quality on all technical matters related to high-level nuclear waste activities within the state.

(b) To assist and advise in formulating studies, plans and other implementations of the state nuclear waste program.

(c) To assist in the implementation of directives of the state nuclear waste program.

(d) To perform a critical review of all data and documents produced by the federal Department of Energy which related to any phase of high-level nuclear waste activities and submit comments on same to the Department of Environmental Quality.

(e) To provide technical information to the Attorney General of the State of Mississippi and the State Legislature which will assist their efforts to assure the health, safety, and welfare of the citizens of the State of Mississippi.

(f) To perform initial review of all applications for permits to conduct nuclear waste related activities within the state. Such review, to be completed within ninety (90) days, would determine if the application is in compliance with the requirements of this chapter. Upon completion of such review, the committee shall either:

(i) File the application with the Department of Environmental Quality for its consideration, and thereafter, the department will deny, grant, or grant with certain conditions, requirements and stipulations a permit to conduct the applied for nuclear waste activities; or

(ii) Notify the applicant that the requirements of this chapter have not been met or satisfactorily completed and return the application for resubmittal. Such notification to applicants shall include a listing of deficiencies in complying with application procedures. Provided, however, the applicant may reapply by submitting the original application with amendments listing provisions which satisfy previous deficiencies in the application.
Miss. Code Ann. § 57-62-3 — MS Code / Title 57 / Chapter 18 / Section 62-3
Miss. Code Ann. § 57-62-3
Status: in_force

It is the intent of the Legislature that:

(a) The State of Mississippi provide appropriate incentives to support the establishment of quality business and industry that hold the promise of significant development of the economy of the State of Mississippi through the creation of quality jobs;

(b) The amount of incentives provided under this chapter in connection with a particular establishment shall be directly related to the jobs created as a result of the establishment locating in the State of Mississippi;

(c) The Mississippi Development Authority and the Department of Revenue shall implement the provisions of this chapter and exercise all powers as authorized in this chapter; however, the application of this chapter or the offering of any of its incentives as to any particular qualified business or industry shall be in the sole discretion of the Mississippi Development Authority. The exercise of powers conferred by this chapter shall be deemed and held to be the performance of essential public purposes; and

(d) Nothing in this chapter shall be construed to constitute a guarantee or assumption by the State of Mississippi of any debt of any individual, company, corporation or association nor to authorize the credit of the State of Mississippi to be given, pledged or loaned to any individual, company, corporation or association. Also, nothing in this chapter gives any right to any qualified business or industry to the incentives contained herein unless said incentive is given by the Mississippi Development Authority pursuant to this chapter.
Miss. Code Ann. § 57-61-29 — MS Code / Title 57 / Chapter 21 / Section 61-29
Miss. Code Ann. § 57-61-29
Status: in_force

(1) Pending the issuance of bonds of the state as authorized under this chapter, the seller is hereby authorized in accordance with the provisions of this chapter and on the credit of the state, to make temporary borrowings not to exceed two (2) years in anticipation of the issue of bonds in order to provide funds in such amounts as may, from time to time, be deemed advisable prior to the issue of bonds. In order to provide for and in connection with such temporary borrowings, the seller is hereby authorized in the name and on behalf of the state, and in accordance with Section 57-61-27(1), Mississippi Code of 1972 , to enter into any purchase, loan or credit agreement, or agreements, or other agreement or agreements with any banks or trust companies or other lending institutions, investment banking firms or persons in the United States having power to enter into the same, which agreements may contain such provisions not inconsistent with the provisions of this chapter as may be authorized by the seller.

(2) All temporary borrowings made under this section shall be evidenced by notes of the state which shall be issued, from time to time, for such amounts not exceeding in the aggregate the applicable statutory and constitutional debt limitation, in such form and in such denominations and subject to terms and condition of sale and issue, prepayment or redemption and maturity, rate or rates of interest and time of payment of interest as the seller shall authorize and direct and in accordance with this chapter. Such authorization and direction may provide for the subsequent issuance of replacement notes to refund, upon issuance thereof, such notes, and may specify such other terms and conditions with respect to the notes and replacement notes thereby authorized for issuance as the seller may determine and direct.

(3) When the authorization and direction of the seller provide for the issuance of replacement notes, the seller is hereby authorized in the name and on behalf of the state to enter into agreements with any banks, trust companies, investment banking firms or other institutions or persons in the United States having the power to enter the same:

(a) To purchase or underwrite an issue or series of issues of notes.

(b) To enter into any purchase, loan or credit agreements, and to draw moneys pursuant to any such agreements on the terms and conditions set forth therein and to issue notes as evidence of borrowings made under any such agreements.

(c) To appoint or act as issuing and paying agent or agents with respect to notes.

(d) To do such other acts as may be necessary or appropriate to provide for the payment, when due, of the principal of and interest on such notes.

Such agreements may provide for the compensation of any purchasers or underwriters of notes or replacement notes by payment of a fixed fee or commission at the time of issuance thereof, and for all other costs and expenses, including fees for agreements related to the notes issuing and paying agent costs. Costs and expenses of issuance may be paid from the proceeds of the notes.

(4) When the authorization and direction of the seller provides for the issuance of replacement notes, it shall, at or prior to the time of delivery of these notes or replacement notes, determine the principal amounts, dates of issue, interest rate or rates, rates of discount, denominations and all other terms and conditions relating to the issuance. The State Treasurer shall perform all acts and things necessary to pay or cause to be paid, when due, all principal of and interest on the notes being refunded by replacement notes and to assure that the same may draw upon any moneys available for that purpose pursuant to any purchase loan or credit agreements established with respect thereto, all subject to the authorization and direction of the seller.

(5) Outstanding notes evidencing such borrowings may be funded and retired by the issuance and sale of the bonds of the state as hereinafter authorized. The refunding bonds must be issued and sold not later than a date two (2) years after the date of issuance of the first notes evidencing such borrowings to the extent that payment of such notes has not otherwise been made or provided for by sources other than proceeds of replacement notes.

(6) The proceeds of all such temporary borrowing shall be paid to the State Treasurer to be held and disposed of in accordance with the provisions of Section 57-61-31, Mississippi Code of 1972 .

(7) Notes issued hereunder, and the income therefrom, shall be exempt from all taxation in the State of Mississippi.
Miss. Code Ann. § 57-34-11 — MS Code / Title 57 / Chapter 30 / Section 34-11
Miss. Code Ann. § 57-34-11
Status: in_force

All public agencies and political subdivisions of the States of Alabama and Mississippi are hereby authorized to perform for the benefit of any project any functions, activities or services that such agencies are otherwise permitted by law to perform regardless of where the project is located.
Miss. Code Ann. § 57-43-9 — MS Code / Title 57 / Chapter 23 / Section 43-9
Miss. Code Ann. § 57-43-9
Status: in_force

The board of supervisors of a county or the governing authority of a municipality may, with the approval of the Mississippi Department of Transportation, appropriate funds from the county or municipal general fund to the Railroad Revitalization Fund. The money shall be used in accordance with this chapter only for rehabilitation or improvement of rail lines within the county from which the county or municipal funds are provided. The county or municipality may, according to the provisions of Section 57-43-3, Mississippi Code of 1972 , receive a partial or total reimbursement for this appropriation.
Miss. Code Ann. § 57-100-7 — MS Code / Title 57 / Chapter 65 / Section 100-7
Miss. Code Ann. § 57-100-7
Status: in_force

(1) As soon as practicable after the end of a calendar quarter for which a qualified business or industry has qualified to receive an incentive payment, the qualified business or industry shall file a claim for the payment with the State Tax Commission and shall specify the actual number of qualified jobs created and maintained by the business or industry for the calendar quarter and the wages and taxable benefits thereof. The State Tax Commission shall verify the actual number of qualified jobs created and maintained by the business or industry. If the State Tax Commission is not able to provide such verification utilizing all available resources, the State Tax Commission may request such additional information from the business or industry as may be necessary.

(2) If the business or industry does not maintain the job requirements of this chapter at any other time during the two-year period after the date the first payment was made, the incentive payments shall not be made and shall not be resumed until such time as the actual verified number of qualified jobs created and maintained by the business or industry equals or exceeds the requirements of this chapter for one (1) calendar quarter.

(3) A qualified business or industry that has qualified pursuant to this chapter may receive payments only in accordance with the provision under which it initially applied and was approved. If an establishment that is receiving incentive payments expands, it may apply for additional incentive payments based on the wages and taxable benefits for qualified jobs anticipated from the expansion only, pursuant to this chapter.

(4) As soon as practicable after verification of the qualified business or industry meeting the requirements of this chapter and all rules and regulations, the Department of Finance and Administration, upon requisition of the State Tax Commission, shall issue a warrant drawn on the Existing Industry Withholding Rebate Fund to the establishment in the amount of the rebate as determined pursuant to subsection (1) of this section for the calendar quarter.
Miss. Code Ann. § 57-21-3 — MS Code / Title 57 / Chapter 11 / Section 21-3
Miss. Code Ann. § 57-21-3
Status: in_force

This chapter hereby creates and duly authorizes the operation of the Mississippi State Chemical Laboratory, hereinafter referred to as the laboratory, in the State of Mississippi. Its organization, purposes, funding, location, chief executive officer, and duties are set out in the following sections.
Miss. Code Ann. § 57-62-1 — MS Code / Title 57 / Chapter 5 / Section 62-1
Miss. Code Ann. § 57-62-1
Status: in_force

This chapter shall be known and may be cited as the “Mississippi Advantage Jobs Act.”
Miss. Code Ann. § 57-75-9 — MS Code / Title 57 / Chapter 65 / Section 75-9
Miss. Code Ann. § 57-75-9
Status: in_force

(1) The authority is hereby designated and empowered to act on behalf of the state in submitting a siting proposal for any project eligible for assistance under this act. The authority is empowered to take all steps appropriate or necessary to effect the siting, development, and operation of the project within the state, including the negotiation of a fee-in-lieu. If the state is selected as the preferred site for the project, the authority is hereby designated and empowered to act on behalf of the state and to represent the state in the planning, financing, development, construction and operation of the project or any facility related to the project, with the concurrence of the affected public agency. The authority may take affirmative steps to coordinate fully all aspects of the submission of a siting proposal for the project and, if the state is selected as the preferred site, to coordinate fully, with the concurrence of the affected public agency, the development of the project or any facility related to the project with private business, the United States government and other public agencies. All public agencies are encouraged to cooperate to the fullest extent possible to effectuate the duties of the authority; however, the development of the project or any facility related to the project by the authority may be done only with the concurrence of the affected public agency.

(2)(a) Contracts, by the authority or a public agency, including, but not limited to, design and construction contracts, for the acquisition, purchase, construction or installation of a project defined in Section 57-75-5(f)(iv) 1 or any facility related to the project shall be exempt from the provisions of Section 31-7-13 if:

(i) The authority finds and records such finding on its minutes, that because of availability or the particular nature of a project, it would not be in the public interest or would less effectively achieve the purposes of this chapter to enter into such contracts on the basis of Section 31-7-13 ; and

(ii) The enterprise that is involved in the project concurs in such finding.

(b) When the requirements of paragraph (a) of this subsection are met:

(i) The requirements of Section 31-7-13 shall not apply to such contracts; and

(ii) The contracts may be entered into on the basis of negotiation.

(c) The enterprise involved with the project may, upon approval of the authority, negotiate such contracts in the name of the authority.

(d) The provisions of this subsection (2) shall not apply to contracts by the authority for excavation, fill dirt and compaction for the preparation of the site of a project as defined in Section 57-75-5(f)(iv) 1 and such contracts may be entered into pursuant to subsection (3) of this section.

(3)(a) Contracts by the authority for excavation, fill dirt and compaction for the preparation of the site of a project defined in Section 57-75-5(f)(iv) 1 shall be exempt from the provisions of Section 31-7-13 and the following procedure shall be followed in the award of such contracts:

(i) The authority shall advertise for a period of time to be set by the authority, but in no event less than one (1) business day, the date, time and place of a meeting with the authority to receive specifications on a request for proposals on excavation, fill dirt and compaction for the preparation of the site of the project defined in Section 57-75-5(f)(iv) 1 .

(ii) The authority shall set the minimum qualifications necessary to be considered for award of the contract and the advertisement shall set forth such minimum qualifications.

(iii) Following the meeting the authority shall, in its discretion, select one or more of the qualified contractors with whom to negotiate or award the contract. The decision of the authority concerning the selection of the contractor shall be final.

(b) Contracts by the authority or a public agency for site preparation, utilities, real estate improvements, wastewater or for public works for a project defined in Section 57-75-5(f)(xxi) or Section 57-75-5(f)(xxii) shall be exempt from the provisions of Section 31-7-13 and the following procedure shall be followed in the award of such contracts:

(i) The authority or the public agency shall advertise for a period of time to be set by the authority or the public agency, but in no event less than one (1) nor more than five (5) calendar days, the date, time and place of a meeting with the authority or the public agency to receive specifications on the preparation of the site of the project defined in Section 57-75-5(f)(xxi) or Section 57-75-5(f)(xxii) .

(ii) The authority or the public agency shall set the minimum qualifications necessary to be considered for award of the contract and the advertisement shall set forth such minimum qualifications.

(iii) Following the meeting the authority or the public agency shall, in its discretion, select one or more of the qualified contractors with whom to negotiate or award the contract. The decision of the authority or the public agency concerning the selection of the contractor shall be final.

(c) Contracts by a public agency for site preparation, utilities, real estate improvements, infrastructure, roads or for public works for a project defined in Section 57-75-5(f)(xxiii) , Section 57-75-5(f)(xxix) , Section 57-75-5(f)(xxx) , Section 57-75-5(f)(xxxi) , Section 57-75-5(f)(xxxii) or Section 57-75-5(f) (xxxiii) may be exempt from the provisions of Section 31-7-13 and the following procedure shall be followed in the award of contracts:

(i) The public agency shall advertise for a period of time to be set by the public agency, but in no event less than one (1) nor more than five (5) calendar days, the date, time and place of a meeting with the public agency to receive specifications on site preparation, utilities, real estate improvements, infrastructure, roads or for public works related to the project defined in Section 57-75-5(f)(xxiii) , Section 57-75-5(f)(xxix) , Section 57-75-5(f)(xxx) , Section 57-75-5(f)(xxxi) , Section 57-75-5(f)(xxxii) or Section 57-75-5(f) (xxxiii).

(ii) The public agency shall set the minimum qualifications necessary to be considered for award of the contract and the advertisement shall set forth such minimum qualifications.

(iii) Following the meeting the public agency shall, in its discretion, which discretion may include participation by an enterprise involved in the project, select one or more of the qualified contractors with whom to negotiate or award the contract. The decision of the public agency concerning selection of the contractor shall be final.

(4)(a) Contracts, by the authority or a public agency, including, but not limited to, design and construction contracts, for the acquisition, purchase, construction or installation of a project defined in Section 57-75-5(f)(xxvi) , Section 57-75-5(f)(xxvii) , Section 57-75-5(f) (xxviii), Section 57-75-5(f)(xxix) , Section 57-75-5(f)(xxx) , Section 57-75-5(f)(xxxi) , Section 57-75-5(f)(xxxii) or Section 57-75-5(f) (xxxiii), and any contracts by the authority or a public agency for site preparation, utilities, real estate improvements, infrastructure, roads or for other public facilities related to any such project shall be exempt from the provisions of Section 31-7-13 if:

(i) The authority finds and records such finding on its minutes, that because of availability or the particular nature of a project, it would not be in the public interest or would less effectively achieve the purposes of this chapter to enter into such contracts on the basis of Section 31-7-13 ; and

(ii) The enterprise that is involved in the project concurs in such finding.

(b) When the requirements of paragraph (a) of this subsection are met:

(i) The requirements of Section 31-7-13 shall not apply to such contracts; and

(ii) The contracts may be entered into on the basis of negotiation with the authority or such public agency, and the authority or such public agency may, as part of such negotiations, further negotiate and require the level of participation by the enterprise involved in the project in the negotiation of such contracts.

(c) Contracts by the authority or a public agency for site preparation, utilities, real estate improvements, infrastructure, roads or for other public facilities related to a project defined in Section 57-75-5(f)(xxxii) , shall be exempt from the provisions of Section 65-1-85 , and the authority or public agency is authorized to use any method for design and/or construction procurement and contracting. With respect to any such contract that is anticipated to be federally funded, in whole or in part, the authority or public agency may nonetheless comply with the provisions of Section 65-1-85 for purposes of compliance with any applicable federal funding requirements.

(d) The decision of the authority or the public agency concerning selection of the contractor shall be final.

(e) The company shall make commercially reasonable efforts to place out for bid, such that Mississippi Contractors and Mississippi Disadvantaged Business Enterprises (“DBEs”) shall have an equal opportunity to respond to such bid, any contract by the company which (i) is subject to tax pursuant to Mississippi Code Section 27-65-21 (i.e., contracts for constructing, building, erecting, grading, excavating, etc.), and (ii) will be paid, or payment thereunder by the company will be reimbursed, using any portion of the grant proceeds or funds provided by the authority to the company in accordance with this agreement. In carrying out such efforts, in order to increase the pool of qualified DBE bidders, the company will request that successful prime contract bidders include in their response a commitment to (a) participate in and/or host forums that highlight subcontract bidding opportunities for DBEs; and (b) work with various trade associations and the Mississippi Development Authority to promote increased participation from DBEs. With respect to awarding any contract placed out for bid, the company shall be allowed to award such contract in the company's sole discretion (e.g., based upon optimization of quality, cost and efficiency or on any other basis as the company may see fit). MDA agrees that it will offer to eligible contractor DBEs that have an opportunity to work on the project assistance through its Minority Surety Bond Guaranty Program.

(5) The Department of Employment Security is authorized to provide to the authority any information received, obtained or produced, or findings or determinations made thereby, with respect to any jobs created or maintained for a project that has been certified by the authority as a project as defined in Section 57-75-5(f) .
Miss. Code Ann. § 57-44-19 — MS Code / Title 57 / Chapter 30 / Section 44-19
Miss. Code Ann. § 57-44-19
Status: in_force

The State Bond Commission shall act as the issuing agent for the bonds authorized under Section 57-44-11 , prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold, pay all fees and costs incurred in such issuance and sale, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. The State Bond Commission is authorized and empowered to pay the costs that are incident to the sale, issuance and delivery of the bonds authorized under Sections 57-44-11 through 57-44-39 from the proceeds derived from the sale of such bonds. The State Bond Commission shall sell such bonds on sealed bids at public sale, and for such price as it may determine to be for the best interest of the State of Mississippi, but no such sale shall be made at a price less than par plus accrued interest to the date of delivery of the bonds to the purchaser. All interest accruing on such bonds so issued shall be payable semiannually or annually; however, the first interest payment may be for any period of not more than one (1) year.

Notice of the sale of any such bond shall be published at least one (1) time, not less than ten (10) days before the date of sale, and shall be so published in one or more newspapers published or having a general circulation in the City of Jackson, Mississippi, and in one or more other newspapers or financial journals with a national circulation, to be selected by the State Bond Commission.

The State Bond Commission, when issuing any bonds under the authority of Sections 57-44-11 through 57-44-39 , may provide that bonds, at the option of the State of Mississippi, may be called in for payment and redemption at the call price named therein and accrued interest on such date or dates named therein.
Miss. Code Ann. § 57-49-33 — MS Code / Title 57 / Chapter 1 / Section 49-33
Miss. Code Ann. § 57-49-33
Status: in_force

The board shall submit any written agreement or modification or technical revision to an agreement negotiated under Section 57-49-29 , and approved by the board and approved by the federal department of energy or other federal agency, to the governor, through the council. The board shall submit with the agreement, modification or technical revision a written summary of the hearings held under Section 57-49-29 .
Miss. Code Ann. § 57-44-19 — MS Code / Title 57 / Chapter 25 / Section 44-19
Miss. Code Ann. § 57-44-19
Status: in_force

The State Bond Commission shall act as the issuing agent for the bonds authorized under Section 57-44-11 , prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold, pay all fees and costs incurred in such issuance and sale, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. The State Bond Commission is authorized and empowered to pay the costs that are incident to the sale, issuance and delivery of the bonds authorized under Sections 57-44-11 through 57-44-39 from the proceeds derived from the sale of such bonds. The State Bond Commission shall sell such bonds on sealed bids at public sale, and for such price as it may determine to be for the best interest of the State of Mississippi, but no such sale shall be made at a price less than par plus accrued interest to the date of delivery of the bonds to the purchaser. All interest accruing on such bonds so issued shall be payable semiannually or annually; however, the first interest payment may be for any period of not more than one (1) year.

Notice of the sale of any such bond shall be published at least one (1) time, not less than ten (10) days before the date of sale, and shall be so published in one or more newspapers published or having a general circulation in the City of Jackson, Mississippi, and in one or more other newspapers or financial journals with a national circulation, to be selected by the State Bond Commission.

The State Bond Commission, when issuing any bonds under the authority of Sections 57-44-11 through 57-44-39 , may provide that bonds, at the option of the State of Mississippi, may be called in for payment and redemption at the call price named therein and accrued interest on such date or dates named therein.
Miss. Code Ann. § 57-49-31 — MS Code / Title 57 / Chapter 39 / Section 49-31
Miss. Code Ann. § 57-49-31
Status: in_force

(1) The board shall negotiate separate agreements with the federal department of energy concerning different stages of the process of evaluating and selecting a site for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste. The board shall negotiate a separate agreement with the federal department of energy for the final states of the selection of any site for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste.

(2) Any agreement negotiated by the board with the federal department of energy under section 57-49-29 shall include, but not be limited to:

(a) A specification of those procedures:

(i) By which the state may study, determine, comment on, and make recommendations with regard to the possible public health and safety, environmental, social, and economic impacts of any such facility for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste;

(ii) By which the secretary of energy shall consider and respond to comments and recommendations made by the state, including the period in which the secretary shall so respond;

(iii) By which the secretary of energy and the state may review and/or modify the agreement periodically;

(iv) By which the state is to submit an impact report and request for impact assistance;

(v) By which the secretary of energy shall assist the state and the units of general local government in the vicinity of the site under consideration for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste, in resolving the offsite concerns of the state and units of general local government, including, but not limited to, questions of state liability arising from accidents, necessary road upgrading and access to the site, ongoing emergency preparedness and emergency response, monitoring of transportation of high-level radioactive waste and spent nuclear fuel through the state, conduct of baseline health studies of inhabitants in neighboring communities near the site and reasonable periodic monitoring thereafter, and monitoring of said site upon any decommissioning and decontamination;

(vi) By which the secretary of energy shall consult and cooperate with the state on a regular, ongoing basis and provide for an orderly process and timely schedule for state review and evaluation, including identification in the agreement of key events, milestones, and decision points in the activities of the secretary of energy at the potential site;

(vii) By which the secretary of energy shall notify the state prior to the transportation of any high-level radioactive waste and spent nuclear fuel into or through the state;

(viii) By which the state may conduct reasonable independent monitoring and testing of activities on the site, except that such monitoring and testing shall not unreasonably interfere with or delay onsite activities;

(ix) For sharing, in accordance with applicable law, of all technical and licensing information, the utilization of available expertise, the facilitating of permit procedures, joint project review, and the formulation of joint surveillance and monitoring arrangements to carry out applicable federal and state laws;

(x) For public notification of the procedures specified under the preceding subparagraphs; and

(xi) For resolving objections of the state at any state of the planning, siting and development of any facility for the long-term or temporary storage or permanent disposal of high-level radioactive waste or transuranic waste within the state.

(b) The criteria that the federal department of energy shall use in evaluating the suitability of any site in the state for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste;

(c) A requirement that the federal department of energy shall comply with all federal laws, state laws and local ordinances and shall respect state sovereignty consistent with the United States Constitution and the Tenth Amendment, regardless of the ownership of the land on which the activity takes place;

(d) A requirement that the federal department of energy and any of its contractors or subcontractors shall provide the board with all reports and documents the board requests and any other relevant reports and documents in a timely manner and in accordance with any applicable law, regulation or rule. The requirement shall specify that the federal department of energy may not charge a fee for searching for or for supplying reports and documents requested by the board. The requirement shall specify that the federal department of energy shall provide the board with all reports and documents the board requests and any other relevant reports and documents from contractors and subcontractors after the reports and documents are submitted to the federal department of energy regardless of whether the reports and documents have received the final approval of the department of energy;

(e) A requirement that, upon request by the board, the federal department of energy shall provide the data, methods and underlying assumptions used in the preparation of reports and documents in accordance with any applicable law, regulation or rule;

(f) A requirement that the federal department of energy shall notify the board of any grants related to the long-term or temporary storage and/or permanent disposal of high-level radioactive waste and transuranic waste from the federal department of energy to any person in this state;

(g) A requirement that the federal department of energy shall notify the board in a timely manner of any proposed field work, on-site evaluation, on-site testing or similar activities it or any contractor or subcontractor intends to conduct and a requirement that the federal department of energy shall allow the board to monitor these activities by any appropriate means;

(h) A requirement that the federal department of energy shall provide the board in a timely manner with a copy of any requests for proposals and final contracts issued by the federal department of energy relating to the evaluation, selection or construction of a site for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste in this state;

(i) A provision that the federal department of energy shall agree to provide funds to be used to provide educational programs as set forth in section 117 of P.L. 97-425 , and to review the activities of the federal department of energy and its contractors and subcontractors which relate to assessing the suitability of the site(s) for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste;

(j) A requirement that the federal department of energy and the board shall identify impacts associated with studies related to the characterization of an area or site(s) for its potential as a repository or the impacts associated with the development of a site as a repository for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste and that the federal department of energy will provide a mechanism to mitigate those impacts;

(k) A requirement that if the federal department of energy selects a site in the state for construction of a repository for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste, the federal department of energy shall prepare, prior to submission of an application to license or construct the repository, a repository plan which shall include descriptions of the federal department of energy's plans for construction of the repository, transportation of wastes to the repository, operation of the repository, closing of the repository and monitoring the repository after closure;

(l) A requirement that the location of any site for the long-term or temporary storage and/or permanent disposal of high-level radioactive or transuranic waste shall not be in a highly populated area.

(3) Any agreement negotiated by the board with the federal department of energy under Section 57-49-29 shall include a provision which acknowledges the authority of the governor or the legislature to object to the selection of a site within this state for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste and transuranic waste.

(4) Any agreement negotiated by the board with the federal department of energy shall be in compliance with the requirements or standards prescribed in this section.
Miss. Code Ann. § 57-1-2 — MS Code / Title 57 / Chapter 1 / Section 1-2
Miss. Code Ann. § 57-1-2
Status: in_force

For the purposes of this chapter, the following words shall have the meanings ascribed herein, unless the context otherwise requires:

(a) “ Department ” shall mean the Mississippi Development Authority.

(b) “ Office ” shall mean an administrative subdivision of the department.

(c) “ Executive director ” shall mean the executive officer of the department.

(d) “ Agricultural and Industrial Board ,” “ Department of Economic Development ,” “ Board of Economic Development, ” “ Department of Economic and Community Development ” and “ Mississippi Department of Economic and Community Development ” wherever they appear in the laws of the State of Mississippi, shall mean the “ Mississippi Development Authority,” operating through its executive director.
Miss. Code Ann. § 57-39-1 — MS Code / Title 57 / Chapter 31 / Section 39-1
Miss. Code Ann. § 57-39-1
Status: in_force

(1) The purpose of this chapter is to coordinate all energy-related needs and activities in Mississippi with the objective of providing an efficient and economical energy system through a statewide plan. To that end, the Mississippi Development Authority is directed to evaluate this state's energy needs and availability.

(2) The powers, duties and responsibilities of the Board of Energy and Transportation with respect to the state's energy needs and activities are transferred to the Mississippi Development Authority, and wherever the word “board” appears in this chapter meaning the former Board of Energy and Transportation it shall mean the Mississippi Development Authority. Whenever the word “division” appears in this chapter, it shall mean the Mississippi Development Authority Energy and Natural Resources Division.
Miss. Code Ann. § 57-28-1 — MS Code / Title 57 / Chapter 5 / Section 28-1
Miss. Code Ann. § 57-28-1
Status: in_force

As used in Sections 57-28-1 through 57-28-5 , the following terms and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) “ Approved project costs ” means actual costs incurred by an approved participant for land acquisition, construction, engineering, design and other costs approved by the Mississippi Development Authority relating to a tourism project. The term “ approved project costs ” also may include, if approved by the Mississippi Development Authority, costs described above that are incurred by an approved participant within three (3) months after the date a tourism project opens for commercial operation. All costs must be verified by an independent third party approved by the MDA. An approved participant shall pay the costs for the third party verification of costs.

(b) “ Approved participant ” means a person, corporation or other entity issued a certificate by the Mississippi Development Authority under Section 57-28-5 .

(c) “ MDA ” means the Mississippi Development Authority.

(d) “ Tourism project ” shall include an entertainment district described below and may include any of the following as may be approved by the MDA:

(i) A hotel with a minimum private investment of Forty Million Dollars ($ 40,000,000.00) in land, buildings, architecture, engineering, fixtures, equipment, furnishings, amenities and other related soft costs approved by the Mississippi Development Authority, and having a minimum private investment of One Hundred Fifty Thousand Dollars ($ 150,000.00) per guest room which amount shall be included within the minimum private investment of Forty Million Dollars ($ 40,000,000.00);

(ii) A nationally branded, themed entertainment district consisting of restaurants, bars, amphitheaters, live theaters, other entertainment venues and commercial improvements that the MDA determines to be tourism related located within the entertainment district, with a minimum private investment of Seventy-five Million Dollars ($ 75,000,000.00);

(iii) A nationally branded museum/aquarium with a minimum private investment of Forty Million Dollars ($ 40,000,000.00); and

(iv) A public golf course with a minimum private investment of Ten Million Dollars ($ 10,000,000.00).

In addition, in order for a tourism project to be eligible to qualify under the provisions of Sections 57-28-1 through 57-28-5 , the tourism project must be located on a project site, and construction of the tourism project must begin no later than June 1, 2017.

(e) “ Project site ” means a planned mixed use development located on at least four thousand (4,000) acres of land that will consist of commercial, recreational, resort, tourism and residential development, for which the initial phase of development shall begin no later than June 1, 2007.

(f) “ State ” means the State of Mississippi.
Miss. Code Ann. § 57-13-109 — MS Code / Title 57 / Chapter 3 / Section 13-109
Miss. Code Ann. § 57-13-109
Status: in_force

(1) The analysis of tax incentives as required by Section 57-13-107 shall include, but not be limited to:

(a) A baseline assessment of the tax incentive, including, if applicable, the number of aggregate jobs committed and created with the taxpayers receiving such tax incentive;

(b) The statutory and programmatic goals and intent of the tax incentive, if the goals and intentions are included in the incentive's enabling legislation;

(c) The number of taxpayers granted the tax incentive during the previous twelve-month period;

(d) The value of the tax incentive granted, and ultimately claimed, listed by the North American Industrial Classification System (NAICS) Code associated with the taxpayers receiving the benefit, if the NAICS Code is available;

(e) An estimate of the number of jobs that were the direct and indirect result of the incentive;

(f) An estimate of the revenues that were the direct and indirect result of the incentive;

(g) In the case of economic development tax incentives where measuring the economic impact is significantly limited due to data constraints, provide a description of the limitations on the data used and whether any changes in statute would facilitate data collection in a way that would allow for better analysis;

(h) The methodology and assumptions used in carrying out the assessments, projections and analyses required pursuant to this subsection.

(i) When an incentive comparative analysis is conducted on behalf of the state, a final copy shall be submitted to the Chairman of the Senate Finance Committee and Chairman of the House Ways and Means Committee and also submitted with copies of this report.

(2) The analysis of economic development programs as required by Section 57-13-107 shall include, but not be limited to, an analysis of the impact of the program which shall include a calculation of the costs related to the assistance provided under the program and corresponding benefits to the state derived from economic development related to the program, including, but not limited to, capital investment, job creation, job retention and/or increased tax revenue.

(3) All departments, offices, boards, and agencies of the state shall cooperate with the University Research Center and shall provide to the University Research Center any records, information (documentary and otherwise), data and data analysis as may be necessary to complete the analysis required by this section.
Miss. Code Ann. § 57-47-7 — MS Code / Title 57 / Chapter 1 / Section 47-7
Miss. Code Ann. § 57-47-7
Status: in_force

The commission shall submit its budget of estimated expenditures to the legislative budget office for presentation to the legislature.
Miss. Code Ann. § 57-49-27 — MS Code / Title 57 / Chapter 32 / Section 49-27
Miss. Code Ann. § 57-49-27
Status: in_force

Prior to the initiation of nuclear waste site characterization activities, the board shall require that a written agreement between the federal department of energy and the state shall be concluded in accordance with the provisions of Sections 57-49-29 through 57-49-33 .

At the completion of site characterization, including area characterization, and prior to the initiation of any subsequent phase of investigation, the federal department of energy shall prepare and administer an oral briefing for the board, the council, the committee, interested members of the state legislature and the governor's office, collectively, in which a synopsis of the previously completed study phase is detailed. The briefing shall include, at a minimum, the significant findings of the study, including those findings which could possibly compromise the site(s) from being developed into a repository for the long-term or temporary storage and/or permanent disposal of high-level radioactive waste or transuranic waste. Any noted deficiencies in the data base, interpretation thereof, conclusions thereto or recommendations therefrom, cited in writing by the technical community of the state or recorded in public hearings in the state, shall be addressed in the briefing. The methods by which those deficiencies were resolved or are to be addressed shall be identified by the department of energy during the briefing. The council and the committee shall determine the adequacy of resolution of the noted deficiencies and shall prepare a written report of their findings to the board. If the findings of the council and the committee and the recommendation of the board indicate inadequate identification of deficiencies and/or inadequate resolution of same, the board may recommend a conflict resolution procedure outlined in the agreement be initiated.
Miss. Code Ann. § 57-103-7 — MS Code / Title 57 / Chapter 63 / Section 103-7
Miss. Code Ann. § 57-103-7
Status: in_force

(1) There is established under the direction of Innovate Mississippi (“IMS”) a program to be known as the “Proof of Concept Grant Program” for the purpose of making assistance available to provide working capital to support the initial capitalization of technology-based businesses in rural Mississippi.

(2)(a) In order to be eligible for assistance under the program, a business must: (i) have its principal place of business based in Mississippi, (ii) produce or provide a product and/or service that is science or technology related, (iii) have fewer than one hundred fifty (150) employees, and (iv) have completed its product and/or service development planning. For the purposes of this paragraph, a “ rural county ” shall be a county designated as such by IMS.

(b) Any business desiring to participate in the program must submit an application to IMS. The application must contain a description of the purposes for which the assistance is requested, the amount of assistance requested and any other information requested by IMS. If IMS staff reviewing the application determines that an application should be reviewed by the Seed Fund Investment Board appointed by IMS Board of Directors, the application shall be forwarded to the Seed Fund Investment Board. If the Seed Fund Investment Board approves the application, IMS shall negotiate a contract with the business regarding any assistance provided to the business under the program, the expenditure of the assistance provided to the business, and any other matters to which the parties may agree. Any such contract must provide for at least the following: (i) that any assistance provided to the business will be on a reimbursement basis in which the business will expend funds according to the terms of the contract and submit invoices, receipts and other applicable documentation and information to IMS for reimbursement; (ii) that no funds may be expended or used for patent prosecution, reorganization of the business, or payment of any existing debt of the business outstanding or otherwise incurred at the time the contract is entered into; (iii) that no funds may be expended to reimburse expenses for work conducted or services provided by the business, a university or a third-party consultant if those expenses were incurred before the term of the contract; (iv) that the business receiving assistance will retain ownership of any technology developed by the business regardless of whether the technology is developed before or after the receipt of assistance; and (v) that the business will provide matching funding of One Dollar ($1.00) for every One Dollar ($1.00) of assistance, with at least twenty-five percent (25%) of the match being in cash and the remaining amount being from in-kind services, all of which must be documented by time sheets, payroll receipts, invoices and other documentation or information required by IMS. Assistance received by a business may be expended for hiring third-party consultants to assist the business and for equipment. The amount of assistance that a business may receive under the program shall not exceed Ten Thousand Dollars ($10,000.00) and any award of assistance shall be made on a one-time basis.

(c) Except as otherwise provided in this paragraph, a business receiving assistance under the program shall not be required to repay the assistance unless IMS determines that the business has violated significant terms of its agreement, presented false information or misrepresented facts in its application. If it is determined the business violated terms or submitted false or knowingly incorrect information, the business will be required to repay one hundred percent (100%) of the amount of assistance received.

(3) There is created in the State Treasury a special fund, to be designated as the “Proof of Concept Grant Program Fund,” which shall consist of funds appropriated or otherwise made available by the Legislature. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. 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 or investment earnings on amounts in the fund shall be deposited into such fund. Monies in the fund shall be disbursed, in the discretion of the Mississippi Development Authority, to provide funds to IMS for the purposes described in this section, or for the purposes described in Sections 57-103-1 , 57-103-3 , 57-103-5 and/or 57-103-9 if IMS determines that the funds are not needed for the purposes described in this section.
Miss. Code Ann. § 57-100-5 — MS Code / Title 57 / Chapter 63 / Section 100-5
Miss. Code Ann. § 57-100-5
Status: in_force

(1) There is created in the State Treasury a special fund to be known as the “Existing Industry Withholding Rebate Fund,” into which shall be deposited withholding tax revenue required to be deposited into such fund pursuant to Section 27-7-312 . The money in the fund shall be used for the purpose of making the incentive payments authorized under this chapter.

(2) The liability of the State of Mississippi to make the incentive payments authorized under this chapter shall be limited to the balance contained in the fund.
Miss. Code Ann. § 57-44-33 — MS Code / Title 57 / Chapter 9 / Section 44-33
Miss. Code Ann. § 57-44-33
Status: in_force

Bonds issued under the provisions of Sections 57-44-11 through 57-44-39 and income therefrom shall be exempt from all taxation in the State of Mississippi.
Miss. Code Ann. § 57-55-11 — MS Code / Title 57 / Chapter 33 / Section 55-11
Miss. Code Ann. § 57-55-11
Status: in_force

(1) The Mississippi Small Business Development Center, hereinafter referred to as SBDC, is hereby established. The board of trustees of state institutions of higher learning is hereby authorized to establish the Mississippi Small Business Development Center at the University of Mississippi under the direct supervision of the chancellor of the university and the dean of the business school.

(2) It shall be the function and duty of the SBDC to:

(a) Develop a system to deliver management assistance to the small business community utilizing the resources of local, state and federal government programs, various segments of the private sector, and universities and colleges throughout the state;

(b) Make management and technical assistance available to small businesses in Mississippi by linking together the above resources;

(c) Develop small business opportunities for new start-ups and the expansion of existing businesses;

(d) Develop the economic area served by the SBDC by providing opportunities for increased productivity through utilization of modern technology as developed by government, the university and the private sector;

(e) Develop a clearinghouse for the collection and dissemination of economic and business data;

(f) Assist businesses in developing more efficient marketing and distribution channels, including foreign trade marketing;

(g) Increase opportunities for socially and/or economically disadvantaged entrepreneurs to enter the mainstream of our economy through an organized outreach program; and

(h) Increase small business viability so that the small business client “graduates” from the SBDC.

(3) The principal officer of the SBDC shall be an executive director who shall be appointed by the chancellor of the University of Mississippi, with the approval of the board of trustees of state institutions of higher learning.
Miss. Code Ann. § 57-39-101 — MS Code / Title 57 / Chapter 23 / Section 39-101
Miss. Code Ann. § 57-39-101
Status: in_force

Sections 57-39-101 through 57-39-117 may be cited as the “Mississippi Energy Management Law.”
Miss. Code Ann. § 57-61-27 — MS Code / Title 57 / Chapter 19 / Section 61-27
Miss. Code Ann. § 57-61-27
Status: in_force

(1) Whenever bonds are issued, they shall be sold by the seller at a competitive or negotiated sale, from time to time, in such manner and at such price as may be determined by the seller to be most advantageous.

(2) When bonds are issued from time to time, the bonds of each issue shall constitute a separate series to be designated by the seller or may be combined for sale as one (1) series with other general obligation bonds of the State of Mississippi.

(3) Until permanent bonds can be prepared, the seller may in its discretion issue, in lieu of permanent bonds, temporary bonds in such form and with such privileges as to registration and exchange for permanent bonds as may be determined by the seller.

(4) Pending their application to the purposes authorized, bond proceeds held or deposited by the State Treasurer may be invested or reinvested as are other funds in the custody of the State Treasurer in the manner provided by law. All earnings received from the investment or deposit of such funds shall be paid into the State Treasury to the credit of the Mississippi Business Investment Sinking Fund.

(5) The State Treasurer shall prepare the necessary registry book to be kept in the office of the duly authorized loan and transfer agent of the state for the registration of any bonds, at the request of owners thereof, according to the terms and conditions of issue directed by the seller.

(6) All costs and expenses in connection with the issue of and sale and registration of the bonds and notes in connection with this chapter may be paid from the proceeds of bonds and notes issued under this chapter.

(7) The seller may provide in the resolution authorizing the issuance of such bonds the employment of one or more persons or firms to assist in the sale of the bonds; to enter into contracts for banks or trust companies located either within or without the State of Mississippi to act as registrars, paying agents, transfer agents or otherwise, for rating of the bonds, and to purchase insurance.
Miss. Code Ann. § 57-44-35 — MS Code / Title 57 / Chapter 39 / Section 44-35
Miss. Code Ann. § 57-44-35
Status: in_force

The proceeds of the bonds issued under Sections 57-44-11 through 57-44-39 shall be used solely for the purposes herein provided, including the costs incident to the issuance and sale of such bonds.
Miss. Code Ann. § 57-44-17 — MS Code / Title 57 / Chapter 21 / Section 44-17
Miss. Code Ann. § 57-44-17
Status: in_force

All bonds and interest coupons issued under the provisions of Sections 57-44-11 through 57-44-39 shall have all the qualities and incidents of negotiable instruments under the provisions of the Uniform Commercial Code, and in exercising the powers granted by this chapter, the State Bond Commission shall not be required to and need not comply with the provisions of the Uniform Commercial Code.