HB 1791 — Mississippi Tourism Recovery Fund and Mississippi Nonprofit Art Museums Recovery Fund; create.

HB1791 (As PassedSent theto House)Governor) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Representatives Currie, Eure, McKnight, Calvert, Faulkner, Gibbs (72nd), Foster, McCray, Paden House Bill 1791 (As PassedSent theto House)Governor) AN ACT TO DIRECT THE STATE FISCAL OFFICER TO MAKE TRANSFERS OF FUNDS OUT OF THE DFABUDGET CARESCONTINGENCY ACT COVID-19 FUND TO CERTAIN SPECIAL FUNDS CREATED BY THIS ACT;

TO CREATE THE "MISSISSIPPI TOURISM RECOVERY FUND" AS A SPECIAL FUND IN THE STATE TREASURY TO BE ADMINISTERED BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR THE PURPOSE OF PROVIDING FUNDS TO THE MISSISSIPPI DEVELOPMENT AUTHORITY AND TO DESTINATION MARKETING ORGANIZATIONS TO ASSIST IN PAYING COSTS OF CERTAIN MARKETING ACTIVITIES;

TO CREATE THE "MISSISSIPPI NONPROFIT ART MUSEUMS RECOVERY FUND" AS A SPECIAL FUND IN THE STATE TREASURY TO BE ADMINISTERED BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR THE PURPOSE OF PROVIDING FUNDS TO NONPROFIT ART MUSEUMS TO ASSIST IN PAYING COSTS ASSOCIATED WITH CLEANING, DISINFECTION, SOCIAL DISTANCING MEASURES AND OTHER HEALTH AND SAFETY MEASURES NECESSARY IN ORDER TO REOPEN TO THE PUBLIC DUE TO THE CORONAVIRUS 2019;

TO AMEND SECTION 57-1-64.1, MISSISSIPPI CODE OF 1972, TO REVISE THE MEMBERSHIP OF THE MISSISSIPPI TOURISM ASSOCIATION MARKETING ADVISORY BOARD;

     SECTION 1.  The COVID-19 public health emergency has had a significant negative impact on Mississippi's tourism industry and its nonprofit art museums.  The funds provided in this act 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 assist nonprofit art museums with costs associated with cleaning, disinfection, social distancing measures and/or other health and safety measures necessary for such museums to reopen to the public.

     SECTION 2.  (1)  Upon the effective date of this act, the State Fiscal Officer shall transfer the sum of ThirtyFourteen Million Dollars ($30,000,000.00)($14,000,000.00) from the Budget Contingency Fund to the Mississippi Tourism Recovery Fund created by Section 3 of this act.

     (2)  Upon the effective date of this act, the State Fiscal Officer shall transfer the sum of One Million Three Hundred Forty-one Thousand Three Hundred Fifty Dollars ($1,341,350.00)($1,000,000.00) from the Budget Contingency Fund to the Mississippi Nonprofit Art Museums Recovery Fund created by Section 4 of this act.

                   (a)  "Destination marketing organization" means special local governmental units created by local and private laws of the State of Mississippi for the purpose of tourism promotion, funded by special local tax levies, and staffed with professionals engaged in out-of-state tourism marketing and tourism product development for municipalities, counties and/or regions.

          (b)  "Marketing activities" means multi-mediamultimedia marketing and advertisingadvertising, including digital media, broadcast media,media and printed mediamedia, including travel publications, production, travel market sector analysis, consumer travel sentiment, public relations, communication strategy, direct sales bookings, group tour bookings, tourism development and administrative costs to execute marketing activities related to the business disruption effects of the Coronavirus Disease 2019 as expressed in Section 1 of this act.

              (i)  FiveTwo Million Four Hundred ThousandFifty Dollars ($5,400,000.00) shall be disbursed to the Mississippi Development Authority for the purpose of paying the costs of marketing activities,               (ii)  Five Hundred Thousand Dollars ($500,000.00)($250,000.00) shall be disbursed to the Tate County Economic Development Foundation for use by the foundation to assist the Senatobia Chamber of Commerce Main Street program in paying the costs of marketing activities,activities;               (iii)  One Hundred Thousand Dollars ($100,000.00) shall be disbursed to the Brookhaven Tourism Council to assist in paying the costs of marketing activities, and               (iv)  Twenty-four Million Dollars ($24,000,000.00) shall be disbursed as provided in paragraph (b) of this subsection (2) to assist destination marketing organizations in paying costs for marketing activities.

                       (b) (ii)  (i) Two TheHundred DepartmentFifty ofThousand FinanceDollars and($250,000.00) Administration shall determine,be indisbursed conjunctionto with the destinationBrookhaven marketingTourism organizations,Council theto allocationsassist ofin moniespaying providedthe undercosts paragraph (a)(iv) of thismarketing subsectionactivities; (2) as follows:

                  and 1.               Not(iii)  moreThirteen than Ten Million DollarsFive ($10,000,000.00)Hundred ofThousand suchDollars monies($13,500,000.00) shall be allocateddisbursed toas destinationprovided marketing organizations in aparagraph manner(b) thatof willthis providesubsection monies(2) to aassist destination marketing organization in an amount equal to seventy-five percent (75%) of the destination marketing organization's marketing and advertising expenditures during the 2019 fiscal year, and                    2.  Not more than Fourteen Million Dollars ($14,000,000.00) of such monies shall be allocated to destination marketing organizations based on the proportion that a destination marketing organization's contribution toward total tourism visitors in thepaying statecosts accordingfor to the 2019 Fiscal Year Visit Mississippi Visitors Profile Report bears to all destination marketing organizations'activities. contributions toward total tourism visitors in the state according to the 2019 Fiscal Year Visit Mississippi Visitors Profile Report.  However, a destination marketing organization shall not receive an amount less than One Hundred Thousand Dollars ($100,000.00) under this item 2.

                        (b)  (ii) (i)  BeforeThe receivingDepartment fundsof underFinance thisand paragraphAdministration (b),shall adetermine, in conjunction with the destination marketing organizationorganizations, mustthe certifyallocations toof themonies Departmentprovided under paragraph (a)(iii) of Financethis andsubsection Administration(2) that:as follows:

                   1.  TheNot fundsmore willthan onlyNine Million Seven Hundred Forty-four Thousand Seven Hundred Eighty-eight Dollars ($9,744,788.00) of such monies shall be usedallocated forto destination marketing activities,organizations andin                   a 2. manner Thethat funds will beprovide expendedmonies beforeto Decembera 30,destination 2020,marketing unlessorganization otherwisein authorizedan byamount federalequal lawto orseventy-five guidance. percent              (75%) (iii) of Destinationthe destination marketing organizationsorganization's receivingmarketing fundsand underadvertising thisexpenditures paragraphduring (b)the shallfiscal keepyear, and maintain                   records2.  relatedNot tomore expenditures. than DestinationThree marketingMillion organizationsSeven receivingHundred fundsFifty-five underThousand thisTwo paragraphHundred (b)Thirteen shallDollars also($3,755,213.00) trackof impactssuch ofmonies theirshall be allocated to destination marketing activitiesorganizations throughbased specialon levythe taxproportion receipts,that hotela occupancydestination indicators,marketing otherorganization's contribution toward total tourism industryvisitors metrics,in andthe analyticsstate fromaccording marketingto campaigns,the as2019 appropriate. Fiscal SuchYear destinationVisit marketingMississippi organizationsVisitors shallProfile provideReport quarterlybears reportsto onall expendituresdestination andmarketing economicorganizations' impactscontributions oftoward theirtotal marketingtourism activitiesvisitors in the state according to the Department2019 ofFiscal FinanceYear andVisit Administration,Mississippi theVisitors Governor,Profile theReport.  LieutenantHowever, Governor,a thedestination Speakermarketing oforganization theshall Housenot ofreceive Representativesan andamount theless Departmentthan ofSeventy-five Audit.Thousand Dollars ($75,000.00) under this item 2.

              (ii)  Within fifteen (15) days of enactment, the Department of Finance and Administration shall distribute the funds allocated under paragraph (b)(i) to eligible destination marketing organizations.  Before receiving funds under this paragraph (b), a destination marketing organization must certify to the Department of Finance and Administration that:

                   1.  The funds will only be used for marketing activities, and                    2.  The funds will be expended before December 30, 2020, unless otherwise authorized by federal law or guidance.

              (iii)  Destination marketing organizations receiving funds under this paragraph (b) shall keep and maintain records related to expenditures.  Destination marketing organizations receiving funds under this paragraph (b) shall also track impacts of their marketing activities through special levy tax receipts, hotel occupancy indicators, other tourism industry metrics, and analytics from marketing campaigns, as appropriate.  Such destination marketing organizations shall provide quarterly reports on expenditures and economic impacts of their marketing activities to the Department of Finance and Administration, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives and the Department of Audit.

              (iv)  Subject to applicable purchasing laws, destination marketing organizations will give preference, when available and practical, to Mississippi-based companies for any new contracts entered into for marketing activities.

     SECTION(4)  4. If (1)  There is hereby created in the StateOffice Treasuryof aInspector specialGeneral fundof to be designated as the "MississippiUnited NonprofitStates ArtDepartment Museums Recovery Fund," which shall consist of fundsthe madeTreasury, availableor by the LegislatureOffice inof anyInspector mannerGeneral andof funds from any other sourcefederal designatedagency forhaving depositoversight intoover such fund.  The fund shall be maintained by the Stateuse Treasurerof asmonies a separate and special fund, separate and apart from the GeneralCoronavirus Relief Fund ofestablished by the state. CARES UnexpendedAct amounts(a) remainingdetermines inthat the fundDepartment at the end of aFinance fiscal year shall not lapse into the State General Fund, and anyAdministration investment earnings or interestrecipient earnedhas onexpended amountsor inotherwise theused fundany shall be deposited to the credit of the fund. funds Moniesappropriated into the fund shall be used by the Department of Finance and Administration,Administration uponunder appropriationthis byact the Legislature, for theany purposespurpose providedthat inis thisnot section.  Monies in the fund shall be disbursed in compliance with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, ofby the United States Department of the Treasury regarding the use of monies from the Coronavirus Relief Fund established by the CoronavirusCARES Aid,Act, Relief, and Economic(b) Securitythe Act. State Ifof onMississippi Decemberis 1,required 2020,to thererepay arethe unexpendedfederal moniesgovernment infor theany fund,of those moniesfunds shallthat bethe transferredOffice toof the UnemploymentInspector CompensationGeneral Fund. determined Monieswere inexpended theor fundotherwise shallused beimproperly disbursed by the Department of Finance and Administration asor followsrecipient, tothen assistthe nonprofitDepartment museumsof inFinance payingand costsAdministration associatedor withrecipient, cleaning,as disinfection,the socialcase distancingmay measuresbe, and/orthat otherexpended healthor andotherwise safetyused measuresthose necessaryfunds inimproperly ordershall be required to reopenpay the amount of those funds to the publicState dueof Mississippi for repayment to the Coronavirusfederal 2019:government.

              (a) SECTION Seven4.  Hundred(1)  Thirty-sixThere Thousandis Twohereby Hundredcreated Twentyin Dollarsthe ($736,220.00)State shallTreasury bea disbursedspecial fund to be designated as the Mississippi"Mississippi MuseumNonprofit Museums Recovery Fund," which shall consist of Artfunds made available by the Legislature in Jackson,any Mississippi;manner and funds from any other source designated for deposit into such fund.  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 (b) amounts Oneremaining Hundredin Sixty-fourthe Thousandfund Sevenat Hundredthe Dollarsend ($164,700.00)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 by the Department of Finance and Administration, upon appropriation by the Legislature, for the purposes provided in this section.  Monies in the fund shall be disbursed in compliance with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, by the WalterUnited AndersonStates MuseumDepartment of Artthe Treasury regarding the use of monies from the Coronavirus Relief Fund established by the Coronavirus Aid, Relief, and Economic Security Act.  If on December 1, 2020, there are unexpended monies in Oceanthe Springs,fund, Mississippi; those          monies (c) shall Sixty-sevenbe Thousandtransferred Sixty-fiveto Dollarsthe ($67,065.00)Unemployment Compensation Fund.  Monies in the fund shall be disbursed by the Department of Finance and Administration to assist nonprofit museums in paying costs associated with cleaning, disinfection, social distancing measures and/or other health and safety measures necessary in order to reopen to the Laurenpublic Rogersdue Museumto the Coronavirus 2019.  The Department of Art,Finance inand Laurel,Administration Mississippi;shall take into consideration the attendance, annual revenue and operating expenses when allocating such monies under this section.

          (d)  Two Hundred Fifty Thousand Dollars ($250,000.00) shall be disbursed to the Mississippi Arts and Entertainment Experience (MAX) in Meridian, Mississippi;

          (e)  Fifty-one Thousand Four Hundred Ten Dollars ($51,410.00) shall be disbursed to the Ohr-O'Keefe Museum of Art, in Biloxi, Mississippi;

          (f)  Ten Thousand Dollars ($10,000.00) shall be disbursed to the Elvis Presley Birthplace in Tupelo, Mississippi;

          (g)  Seven Thousand Dollars ($7,000.00) shall be disbursed to the Oren Dunn Museum in Tupelo, Mississippi;

          (h)  Twenty-five Thousand Dollars ($25,000.00) shall be disbursed to the Freedom House in Canton, Mississippi;

          (i)  Fifteen Thousand Dollars ($15,000.00) shall be disbursed to the Mississippi Music Museum in Hazlehurst, Mississippi;

and           (j)  Fifteen Thousand Dollars ($15,000.00) shall be disbursed to the Mississippi Hills National Heritage Area.

     SECTION 5.  ThisSection act57-1-64.1, shallMississippi takeCode effectof and1972, beis inamended forceas fromfollows: and after its passage.

     57-1-64.1.  (1)  There is hereby created a Mississippi Tourism Association Marketing Advisory Board to assist the Mississippi Development Authority in the planning of initiatives for advertising and promoting tourism in Mississippi.

     (2)  The advisory board shall be composed of the following members:

          (a)  The Executive Director of the Mississippi Tourism Association; * * * and           (b)  The members of the Mississippi Tourism Association Board of Directors, composed through the bylaws of the Mississippi Tourism Association as being geographically and ethnically diverse members from the five (5) tourism regions designated as the Hills, the Delta, the Capital/River, the Pines and the Coastal regions of Mississippi, and three (3) at-large members * * *.;

          (c)  Three (3) at-large members appointed by the Governor;

          (d)  One (1) at-large member appointed by the Lieutenant Governor;

and           (e)  One (1) at-large member appointed by the Speaker of the House of Representatives.

     (3)  Members of the advisory board may not be compensated for the performance of their duties.

     (4)  The advisory board will give input and advice to the Mississippi Development Authority's Tourism Division on marketing and advertising planning, but shall have no executive powers at the Mississippi Development Authority.

     (5)  For marketing activities paid for with federal funds related to the COVID-19 public health emergency and carried out by either the Mississippi Development Authority's Tourism Division or destination marketing organizations, the advisory board will give input on appropriate branding and messaging that communicates pertinent public health information.  The advisory board shall convene for the purposes of this subsection within fifteen (15) calendar days of enactment.

     SECTION 6.  This act shall take effect and be in force from and after its passage.