Tourism Crawford, Turner COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.
453 (As Sent to Governor) AN ACT TO DIRECTREQUIRE THE STATEDEPARTMENT FISCALOF OFFICERFINANCE AND ADMINISTRATION TO TRANSFERESTABLISH FUNDSA OUTPROGRAM OFFOR THE CORONAVIRUSPURPOSE STATEOF FISCALPROVIDING RECOVERYFUNDS FUNDTO DESTINATION MARKETING ORGANIZATIONS TO THEASSIST SPECIALIN FUNDPAYING CREATEDCOSTS BYOF THISCERTAIN ACT;MARKETING ACTIVITIES;
TO CREATE THE "MISSISSIPPI TOURISM RECOVERY FUND - ROUND 2" 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 DESTINATION MARKETING ORGANIZATIONS TO ASSIST IN PAYING COSTS OF CERTAIN MARKETING ACTIVITIES;
TO PROVIDEREQUIRE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO ESTABLISH A PROGRAM FOR THE MANNERPURPOSE OF PROVIDING FUNDS TO CERTAIN NONPROFIT MUSEUMS TO ASSIST IN WHICHPAYING THECOSTS DEPARTMENTASSOCIATED WITH ADVERTISING AND OTHER FORMS OF FINANCEPROMOTING AND ADMINISTRATIONPUBLICIZING SHALLNONPROFIT DISTRIBUTEMUSEUMS FUNDSAND MUSEUM RELATED ACTIVITIES, AND REPAIRS AND RENOVATIONS OF AND UPGRADES AND IMPROVEMENTS TO DESTINATIONSUCH MARKETINGMUSEUMS ORGANIZATIONSFOR UNDERHEALTH THISAND ACT;SAFETY PURPOSES RELATED TO THE CORONAVIRUS DISEASE 19;
TO CREATEREQUIRE THE "MISSISSIPPIDEPARTMENT DESTINATIONOF DEVELOPMENTFINANCE FUND"AND ASADMINISTRATION ATO SPECIALESTABLISH FUNDA INPROGRAM FOR THE STATEPURPOSE TREASURYOF TOPROVIDING BEFUNDS ADMINISTEREDTO BYMISSISSIPPI THEMAIN DEPARTMENTSTREET OFASSOCIATION FINANCETO ANDBE ADMINISTRATIONUSED FOR THE PURPOSE OF PROVIDINGMAKING FUNDSREVITALIZATION GRANTS TO SUPPORTMISSISSIPPI INCREASEDCOMMUNITIES; TOURIST VISITATION;
TO DESIGNATE "ONE MISSISSIPPI," WRITTEN BY STEVE AZAR, AS THE CONTEMPORARY MUSIC GENRE OFFICIAL STATE SONG;
TO ESTABLISH THE MISSISSIPPI STATE SONGS STUDY COMMITTEE TO DEVELOP VARIOUS GENRES OF OFFICIAL SONGS FOR THE STATE OF MISSISSIPPI;
TO PRESCRIBE THE MEMBERSHIP OF THE COMMITTEE AND TO PROVIDE FOR ITS ORGANIZATION AND MEETINGS;
TO REQUIRE THE COMMITTEE TO SUBMIT A REPORT OF ITS FINDINGS TO THE LEGISLATURE NO LATER THAN DECEMBER 31, 2022;
TO REPEAL CHAPTER 654, LAWS OF 1962, WHICH DESIGNATED "GO MISSISSIPPI" AS THE OFFICIAL STATE SONG;
The COVID-19 public health emergency has had a significant negative impact on Mississippi's tourism industry.industry and its nonprofit museums.
American Rescue Plan Act funds are specificallyH. targeted toward assisting in the recovery of the tourism and hospitality sectors.
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 H.
453 *HR31/R440CS**HR31/R440SG* ~ OFFICIAL ~ G1/2 22/HR31/R440CS22/HR31/R440SG PAGE 1 (BS\JAB) experiencespecifically andtargeted totoward supportassisting in the travelrecovery andof hospitalitythe economytourism ofand Mississippi.hospitality sectors.
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 support the travel and hospitality economy of Mississippi.
Upon the effective date of this act, the State Fiscal Officer shall transfer the sum of Fifty-two Million Dollars ($52,000,000.00) from the Coronavirus State Fiscal Recovery Fund to the Mississippi Tourism Recovery Fund - Round 2 created by Section 3 of this act.
SECTION 3.
(b) "Marketing activities" means multimedia marketing and advertising, including digital media, broadcast media and printed media, 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 H.
453 *HR31/R440CS**HR31/R440SG* ~ OFFICIAL ~ 22/HR31/R440CS22/HR31/R440SG PAGE 2(BS\JAB) 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.
(2) (a) ThereThe isDepartment herebyof createdFinance inand theAdministration Stateshall Treasuryestablish a specialprogram fundfor to be designated as the "Mississippipurpose Tourism Recovery Fund - Round 2," which shall consist of providing funds madeto availableassist bydestination themarketing Legislatureorganizations in anypaying mannercosts andfor fundsmarketing fromactivities anyas otherprovided sourcein designatedthis forsection. deposit into such fund.
TheMonies funddisbursed shallby bethe maintainedDepartment byof theFinance Stateand TreasurerAdministration asunder athis separatesection andshall specialbe fund,disbursed separatein andcompliance apartwith all requirements and/or conditions on funds appropriated from the GeneralCoronavirus State Fiscal Recovery Fund offor the state.program established under this section.
UnexpendedThe amountsDepartment remaining in the fund at the end of aFinance fiscaland yearAdministration shall notdetermine, lapsein intoconjunction with the Statedestination Generalmarketing Fund,organizations, andthe anyallocation investmentof earningsfunds orunder interestthis earnedsection onand amounts in the fund shall bedisburse depositedfunds toas thefollows: credit of the fund.
Monies(i) inNot themore fundthan Nine Million Four Hundred Twenty-seven Thousand Five Hundred Fifty-seven Dollars ($9,427,557.00) of such monies shall be usedallocated byto thedestination Departmentmarketing oforganizations Financein anda Administration,manner uponthat appropriationwill byprovide monies to a destination marketing organization in an amount equal to seventy-five percent (75%) of the Legislature,destination formarketing organization's marketing and advertising expenditures during the purposes2019 providedfiscal inyear, thisand section.(ii) Not more than Twenty Million Five Hundred Seventy-two Thousand Four Hundred Forty-three Dollars H.
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, of the United States Department of the Treasury regarding the use of monies from the American Rescue Plan Act.
Monies in the fund shall be disbursed by the Department of Finance and Administration to assist destination marketing organizations in paying costs for marketing activities as provided in this section.
The Department of Finance and H.
453 *HR31/R440CS**HR31/R440SG* ~ OFFICIAL ~ 22/HR31/R440CS22/HR31/R440SG PAGE 3(BS\JAB) Administration($20,572,443.00) of such monies shall determine,be allocated to destination marketing organizations based on the proportion that a destination marketing organization's contribution toward total tourism visitors in conjunctionthe withstate according to the 2019 Fiscal Year Visit Mississippi Visitors Profile Report bears to all destination marketing organizations,organizations' contributions toward total tourism visitors in the allocationsstate ofaccording moniesto providedthe under2019 thisFiscal paragraphYear (a)Visit asMississippi follows:Visitors Profile Report.
(i)However, Not more than Nine Million Four Hundred Twenty-seven Thousand Five Hundred Fifty-seven Dollars ($9,427,557.00) of such monies shall be allocated to destination marketing organizations in a manner that will provide monies to a destination marketing organization inshall not receive an amount equalless to seventy-five percent (75%) of the destination marketing organization's marketing and advertising expenditures during the 2019 fiscal year, and (ii) Not more than Forty-twoTwo Million Five Hundred Seventy-twoFifty Thousand Four Hundred Forty-three Dollars ($42,572,443.00)($250,000.00) ofunder suchthis moniessubparagraph shall(ii). be allocated to destination marketing organizations based on the proportion that a destination marketing organization's contribution toward total tourism visitors in the state according to the 2019 Fiscal Year Visit Mississippi Visitors Profile Report bears to all destination marketing organizations' contributions toward total tourism visitors in the state according to the 2019 Fiscal Year Visit Mississippi Visitors Profile Report.
However,(b) aWithin destinationfifteen marketing(15) organizationdays shallafter notthe receiveeffective andate amountof lessthis thanact, Fourthe HundredDepartment Thousandof DollarsFinance ($400,000.00)and Administration shall distribute the funds allocated under paragraph (a) of this subparagraphsubsection (ii).(2) to eligible destination marketing organizations.
H.Before receiving funds under this subsection (2), a destination marketing organization must certify to the Department of Finance and Administration that:
(i) The funds will only be used for marketing activities, and (ii) The destination marketing organization will comply with applicable federal and state regulations and requirements related to American Rescue Plan Act funds, and H.
453 *HR31/R440CS**HR31/R440SG* ~ OFFICIAL ~ 22/HR31/R440CS22/HR31/R440SG PAGE 4(BS\JAB) (b)(iii) WithinThe fifteendestination (15)marketing daysorganization afterwill theobligate effectiveall datefunds ofby thisDecember act,31, the2024, Department of Finance and Administrationfully shallexpend distributeall the funds allocatedby underDecember paragraph31, (a)2026. of this subsection (2) to eligible destination marketing organizations.
Before receiving funds under this subsection (2), a destination marketing organization must certify to the Department of Finance and Administration that:
(i) The funds will only be used for marketing activities, and (ii) The destination marketing organization will comply with applicable federal and state regulations and requirements related to American Rescue Plan Act funds, and (iii) The destination marketing organization will obligate all funds by December 31, 2024 and fully expend all funds by December 31, 2026.
Such destination marketing organizations shall provide semi-annual reports on expenditures and economic impacts of their marketing activities to the Department of Finance and Administration, the H.Governor, the Lieutenant Governor, the Speaker of the House of Representatives and the Department of Audit.
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453 *HR31/R440CS* ~ OFFICIAL ~ 22/HR31/R440CS PAGE 5(BS\JAB) Governor, the Lieutenant Governor, the Speaker of the House of Representatives and the Department of Audit.
(4)SECTION If3. the Office of Inspector General of the United States Department of the Treasury, or the Office of Inspector General of any other federal agency having oversight over the use of monies from the Coronavirus State and Local Fiscal Recovery Funds established by the American Rescue Plan Act determines that the Department of Finance and Administration or recipient has expended or otherwise used any of the funds appropriated to the Department of Finance and Administration under this act for any purpose that is not in compliance with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, by the United States Department of the Treasury regarding the use of monies from the Coronavirus State and Local Fiscal Recovery Funds established by the American Rescue Plan Act, and (b) the State of Mississippi is required to repay the federal government for any of those funds that the Office of the Inspector General determined were expended or otherwise used improperly by H.
(1) The Department of Finance and Administration shall establish a program for the purpose of providing assistance to Mississippi nonprofit museums as provided in this section.
H.
453 *HR31/R440CS**HR31/R440SG* ~ OFFICIAL ~ 22/HR31/R440CS22/HR31/R440SG PAGE 6(BS\JAB)5(BS\JAB) theMonies Departmentdisbursed ofby Finance and Administration or recipient, then the Department of Finance and Administration orunder recipient,this assection theshall casebe maydisbursed be,in thatcompliance expendedwith orall otherwiserequirements usedand/or thoseconditions on funds improperlyappropriated shallfrom be required to pay the amountCoronavirus of those funds to the State ofFiscal MississippiRecovery Fund for repaymentthe toprogram theestablished federalunder government.this section.
The Department of Finance and Administration shall disburse funds under this section to nonprofit museums located in municipalities with a population of not more than fifty thousand (50,000) according to the latest federal decennial census to assist in paying costs associated with advertising and other forms of promoting and publicizing nonprofit museums and museum related activities, and repairs and renovations of and upgrades and improvements to such museums for health and safety purposes related to the Coronavirus Disease 19.
Of the monies disbursed by the Department of Finance and Administration under this section, twenty-five percent (25%) of such monies shall be used to provide assistance for requests for assistance of less than Three Hundred Thousand Dollars ($300,000.00);
thirty-five percent (35%) of such monies shall be used to provide assistance for requests for assistance of Three Hundred Thousand Dollars ($300,000.00) or more but less than Seven Hundred Thousand Dollars ($700,000.00) and forty percent (40%) of such monies shall be used to provide assistance for requests for assistance of Seven Hundred Thousand Dollars ($700,000.00) or more.
A museum desiring assistance under this section must submit an application to the Department of Finance and Administration.
The application must include a H.
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453 *HR31/R440SG* ~ OFFICIAL ~ 22/HR31/R440SG PAGE 6(BS\JAB) description of the purposes for which the assistance is requested, the amount of the assistance requested and any other information required by the department.
(2) The Department of Finance and Administration shall have all powers necessary for the implementation of this section.
There(1) isThe herebyDepartment createdof inFinance theand StateAdministration Treasuryshall establish a specialprogram fundfor to be designated as the "Mississippipurpose Destination Development Fund," which shall consist of fundsproviding made available by the Legislature in any manner and funds fromto anyMississippi otherMain sourceStreet designatedAssociation foras depositprovided intoin suchthis fund.section.
TheMonies funddisbursed shallby bethe maintainedDepartment byof theFinance Stateand TreasurerAdministration asunder athis separatesection andshall specialbe fund,disbursed separatein andcompliance apartwith all requirements and/or conditions on funds appropriated from the GeneralCoronavirus State Fiscal Recovery Fund offor the state.program established under this section.
UnexpendedThe amountsDepartment remaining in the fund at the end of aFinance fiscaland yearAdministration shall notdisburse lapsefunds intounder thethis Statesection Generalto Fund,Mississippi andMain anyStreet investmentAssociation earningsto orbe interestused earnedfor on amounts in the fundpurpose shallof bemaking depositedrevitalization grants to theMississippi creditcommunities ofas thefollows: fund.
Monies2020 inNumber theof fundGrant shallTotal bepopulation usedcommunities byamount thegrants More than 25,000 8 $ 125,000.00 $ 1,000,000.00 Not more than 25,000 40 $ 100,000.00 $ 4,000,000.00 Total $ 5,000,000.00 (2) The Department of Finance and Administration,Administration uponshall appropriationhave byall thepowers Legislature,necessary for the purposesimplementation providedof in this section.
MoniesSECTION in5. 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, of the United States Department of the Treasury regarding the use of monies from the American Rescue Plan Act.
Monies(1) inThe theLegislature fundfinds shallthat: be disbursed by the Department of Finance and Administration for the following purposes that support increased tourist visitation:
453 *HR31/R440CS**HR31/R440SG* ~ OFFICIAL ~ 22/HR31/R440CS22/HR31/R440SG PAGE 7(BS\JAB) (a) PlanningThe assistance;State of Mississippi is known as the "Birthplace of America's Music," and is credited for producing Elvis Presley, the "King of Rock and Roll," Jimmie Rodgers, the "Father of Country Music," and B.B.
(b)King, Enhancingthe outdoor"King venuesof the Blues," and parks;these Mississippi trailblazers, alongside hundreds of others, have impacted and influenced the music industry like no others in modern history;
(c)and Downtown(b) revitalization;That many states of the United States have two (2) or more official state songs, including:
(d)Tennessee; Improving public health amenities at tourism attractions and museums including displays and installations, signage, public health enhancements, and public green spaces;
(e)West EnhancingVirginia; recreational offerings that specifically support additional tourist visitation;
andArkansas; (f) Improving wayfinding signage to direct travelers to support local tourist attractions and businesses.
SECTIONFlorida; 5.
ThisLouisiana act shall take effect and beSouth inCarolina; force from and after its passage.
and (c) Mississippi's musical heritage has positioned the Magnolia State as a true renaissance of musical genres, scaling past, present and even future trends, and from rock and roll, country and the blues, to gospel, opera and everything in between, Mississippi has not only transformed the course of America's music, it has revolutionized it, and because of this, it is important that the official songs of the State of Mississippi truly reflect the state's phenomenal musical heritage, while enthusiastically looking forward to its future;
and (d) The Legislature desires to provide the state with numerous state songs so that Mississippians may enjoy state songs that are appropriate for all occasions, events and daily activities.
453 *HR31/R440CS**HR31/R440SG* ~ OFFICIAL ~ 22/HR31/R440CS22/HR31/R440SG ST:PAGE 8(BS\JAB) (2) The lyrics and music to the song "One Mississippi," written by Steve Azar, are designated as the contemporary music genre official song of the State of Mississippi.
MississippiSECTION Tourism6. Recovery Fund - Round 2 PAGE 8(BS\JAB) and Mississippi Destination Development Fund;
create.(1) There is established the Mississippi State Songs Study Committee for the purpose of developing and reporting to the Legislature its recommendation for various genres of official songs of the State of Mississippi, including, but not limited to, country, rhythm and blues, rock and roll and gospel.
The official songs of the State of Mississippi shall honor the past while embracing the promise of the future.
(2) The committee shall consist of the following members:
(a) The Director of the Division of Tourism of the Mississippi Development Authority;
(b) The Executive Director of the Mississippi Tourism Association;
(c) The Chair of the House of Representatives Tourism Committee;
(d) The Chair of the Senate Tourism Committee;
(e) The Executive Director of the Mississippi Arts Commission;
and (f) The Director of the two (2) Mississippi Museums.
The chair of the committee shall be chosen by majority vote of the members of the committee.
The committee shall meet as soon as practicable after the effective date of this act upon the joint call of the Speaker of the House of Representatives and the H.
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453 *HR31/R440SG* ~ OFFICIAL ~ 22/HR31/R440SG PAGE 9(BS\JAB) Lieutenant Governor, and shall organize for business.
A majority vote of the members of the committee shall be required for the adoption of any reports and recommendations.
(3) The committee shall have the following functions and duties:
(a) To hold regular public meetings when and where it sees fit;
(b) To receive written public comments in a manner and under the terms and conditions as it sees fit;
(c) To collect, examine and consider all information that it determines may be helpful in making a recommendation for the various genres of official songs for the State of Mississippi;
(d) To consult with experts, representatives of organizations and associations, and others, as it sees fit, whose knowledge or expertise may assist the committee in making its recommendation;
(e) To make any inquiries and conduct any business that may assist the committee in developing the various genres of official songs for the State of Mississippi;
(f) Keep minutes of its meetings, and make those minutes available to the public;
and (g) To make a written recommendation for the various genres of official songs for the State of Mississippi, which shall be presented to the Legislature not later than December 31, 2022.
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453 *HR31/R440SG* ~ OFFICIAL ~ 22/HR31/R440SG PAGE 10(BS\JAB) (4) Members of the committee shall receive no compensation for their service on the committee, but may receive reimbursement for mileage and actual expenses as provided in Section 25-3-41, Mississippi Code of 1972, to the extent that funds are available for that purpose.
SECTION 7.
Chapter 654, Laws of 1962, which designated "Go Mississippi" as the official song of the State of Mississippi, is repealed.
SECTION 8.
This act shall take effect and be in force from and after July 1, 2022.
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453 *HR31/R440SG* ~ OFFICIAL ~ 22/HR31/R440SG ST:
Tourism;
establish programs for certain PAGE 11(BS\JAB) assistance, designate "One Mississippi" as contemporary music genre official State Song.