SB 3408

MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Local and Private
By: Senator(s) Thomas
Senate Bill 3408
(COMMITTEE SUBSTITUTE)
AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF YAZOO
COUNTY, MISSISSIPPI, TO ESTABLISH AN ECONOMIC AND INDUSTRIAL DEVELOPMENT
AUTHORITY TO BE KNOWN AS THE YAZOO ECONOMIC ALLIANCE; TO PROVIDE FOR THE
APPOINTMENT OF TRUSTEES OF THE ALLIANCE; TO PROVIDE THE POWERS AND DUTIES OF
THE ALLIANCE; TO PROVIDE THAT THE ALLIANCE MAY BE AUTHORIZED BY THE BOARD OF
SUPERVISORS TO PROVIDE CERTAIN ECONOMIC DEVELOPMENT AND/OR INDUSTRIAL
DEVELOPMENT FOR THE COUNTY AND THE MUNICIPALITIES LOCATED THEREIN; TO AUTHORIZE
THE BOARD OF SUPERVISORS TO DISSOLVE THE YAZOO COUNTY ECONOMIC DEVELOPMENT
DISTRICT; AND FOR RELATED PURPOSES.
���� BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:
���� SECTION 1.� As used
in this act:
��������� (a)�
"Alliance" means the economic and industrial development authority
established under this act and known as the Yazoo Economic Alliance.
��������� (b)� "Board of
supervisors" means the Board of Supervisors of Yazoo County, Mississippi.
��������� (c)� "County"
means Yazoo County, Mississippi.
��������� (d)�
"Trustee" means either the board of supervisors or separately
appointed individuals, as set forth in Section 2(2) of this act, who govern and
control the alliance.
���� SECTION
2.� (1)� When the board of
supervisors shall find and determine that the public convenience and necessity
require the same, as evidenced by a resolution duly adopted and entered on the
official minutes of such board, it shall establish an economic and industrial
development authority, to be known as the Yazoo Economic Alliance.
���� (2)�
The alliance shall be composed of five
(5) trustees.� The board of supervisors, in its sole discretion, shall either
(a) appoint themselves to serve as the trustees with terms to run concurrently
with their terms of office for supervisor, or (b) appoint five (5) trustees who
are not county officials or employees, but are qualified electors of the
county.
���� (3)�
For those trustees appointed under subsection (2)(b) of this section, the
following shall apply:
��������� (a)�
Three (3) of the trustees of the alliance
shall serve a term of one (1) year and the remaining two (2) trustees shall
serve a term of (2) years.� Trustees may be reappointed without limitation.
��������� (b)�
Any trustee of the alliance may be
disqualified and removed from office for either of the following reasons:
������������� (i)�
Conviction of a felony; or
������������� (ii)�
Failure to attend three (3) consecutive meetings without just cause.
��������� (c)�
If a trustee of the alliance is removed
for one (1) of the above reasons, the vacancy shall be filled in the manner
prescribed in this section.
��������� (d)
�Vacancies which occur shall be filled in the same manner as the original
appointments and shall be made for the unexpired term.
��������� (e)�
The board of supervisors of the county, or their designee(s), shall be
nonvoting, ex officio members of the alliance for purposes of serving only in an advisory capacity to the trustees
of the alliance.� The attendance of any
supervisor at alliance meetings shall not
count toward a quorum of the trustees of the alliance.
���� SECTION
3.� Before entering upon the duties
of the office, each trustee of such alliance,
unless such trustees are the board of supervisors, shall take and subscribe the
oath of office required by Section 268, Mississippi Constitution of 1890, and
shall give bond in the sum of Five Thousand Dollars ($5,000.00), conditioned
upon the faithful performance of his or her duties, such bond to be made
payable to the alliance and to be
approved by the alliance.� The premiums
on all the surety bonds shall be paid by the alliance.� The trustees of such alliance shall meet at the regular meeting place of the board
of supervisors of the county within five (5) days after the trustees are
initially appointed and shall elect from among their number a chairman, vice
chairman and secretary-treasurer of the alliance and shall adopt a seal and such bylaws, rules and regulations as may
be necessary to govern the time, place and manner for holding subsequent
meetings of the alliance and for conduct
of its business, not inconsistent with this act.� The trustees of the alliance shall serve without salary or compensation, provided,
however, that their actual expenses incurred in the performance of their duties
may be reimbursed, including mileage as authorized by law for state employees.
���� SECTION
4.� (1)� The alliance is hereby expressly authorized and empowered to
acquire by gift, purchase or otherwise, and to own, hold, maintain, control and
develop real estate and personal property situated within the county, either
within or without the corporate limits of a municipality, for development, use
and operation as industrial park complexes, industrial sites, business parks or
for other economic development purposes whether for commercial, industrial,
agricultural or otherwise, such complexes, sites and purposes hereinafter
referred to in this act as "projects," and is further authorized and
empowered to engage in works of internal improvement therefor, including, but
not limited to, construction or contracting for the construction of streets,
roads, railroads, site improvements, and water, sewerage, drainage, pollution
and other related facilities necessary or required for the development of such
projects, and to acquire, purchase, install, lease, finance, construct, own,
hold, equip, control, maintain, use, operate and repair structures and
facilities necessary and convenient for the planning, development, use,
operation and maintenance of such projects, including, but not limited to,
utility installations, elevators, compressors, warehouses, buildings, and air,
rail and other transportation terminals, and pollution control facilities.� In
the event the alliance takes by gift or
otherwise any land, buildings or other tangible assets from any persons,
corporations, public or private, the alliance may assume all or any part of the liabilities resulting from such
acceptance under such terms and conditions as will be in the best interest of
the citizens of the county.
���� (2)�
The alliance is authorized and empowered
to sell, lease, trade, exchange or otherwise dispose of sites situated within
projects to individuals, firms or corporations, public or private, for all
types of industrial, commercial, agricultural or other economic development
uses upon such terms and conditions, for such consideration whether monetarily
or otherwise, and with such safeguards as will best promote and protect the
public interest, convenience and necessity, and to execute options, deeds,
leases, contracts, easements and other legal instruments necessary or
convenient therefor.� The alliance may
also contribute funds and/or resources directly to the development and cost of
operation of any industrial development foundation or other private economic
development group in the county and may enter into any contracts or agreements
effectuating the same which shall be binding on successor boards.
���� (3)�
The alliance is authorized and empowered
to fix and prescribe fees, charges and rates for the use of any water,
sewerage, pollution or other facilities constructed and operated in connection
with projects and to collect the same from persons, firms and corporations
using the same for industrial, commercial, agricultural or other economic
development purposes, except as to rates and charges against common carriers
regulated by an agency of the federal government or the Mississippi Public
Service Commission.
���� (4)�
The alliance is authorized and empowered
to employ engineers, attorneys, accountants, consultants and such executive and
administrative personnel and other employees or independent contractors as
shall be reasonably necessary to carry out the duties and authority authorized
by this act, to determine their qualifications and duties and to establish
compensation and other employment benefits as may be advisable to attract and
retain proficient personnel.� The employees or contractors, if any, of the alliance shall not be considered as employees of the county
for state retirement or any other public purposes.� The alliance, in addition to all other powers, is authorized and
empowered to purchase, lease, sell and trade office equipment, to purchase
necessary office supplies, to purchase or lease any equipment and vehicles the
alliance deems necessary for economic and
industrial development and to carry out the purposes of this act.� The alliance is authorized, in addition to all other powers, to
buy, lease, sell, convey and do all other necessary business transaction for
carrying out the purpose of and administering the alliance and to do all acts necessary and convenient to
operate and carry out the duties of the alliance.
���� (5)�
When disposing of its real property pursuant to this act, the alliance may contract with duly licensed realtors and real
estate brokers and may pay real estate commissions resulting from such
dispositions not to exceed six percent (6%) resulting from such dispositions.�
No alliance board trustee, officer or
employee may be paid a real estate commission or any other form of compensation
from such disposition.
���� (6)�
Subject to the prior written approval of the board of supervisors, if
applicable, the alliance is expressly
authorized and empowered to borrow money by issuing its negotiable promissory
notes which may be secured by execution of a deed of trust upon any property
owned by the alliance, or other
collateral available to or in the possession of the alliance.� In addition to any available, nonobligated revenues
and other funds of the alliance, the
board of supervisors may pledge all or any portion of the levy authorized for
support of the alliance provided for in
Section 8 of this act for the repayment of any indebtedness authorized under
this act, and the county shall be obligated to continue such levy until the
authorized indebtedness is paid in full.� The pledge of the tax levy to secure
repayment of any sums borrowed shall be done only by order spread upon the
minutes of the board of supervisors and the alliance after the affirmative vote of a majority of the
members of the board of supervisors and trustees of the alliance.� This authority to borrow money shall be in addition
to the authority of the county to borrow money or issue bonds on behalf of the
alliance as specified in subsection (9)
of this section.
���� The
county shall not be liable for the repayment of any indebtedness incurred by
the alliance unless the board of
supervisors of the county has pledged a portion of the tax levy otherwise
authorized as security therefor, in which event the county shall be obligated
only to the extent of the tax levy so pledged.� The board of supervisors may,
however, authorize payment on such debt from other sources available for such
payment.
���� (7)�
The enumeration of any specific rights and powers contained herein, and
elsewhere in this act, where followed by general powers, shall not be construed
in a restrictive sense, but rather in as broad and comprehensive a sense as
possible to effectuate the purposes of this act.� Nothing in this act should be
construed to limit, restrict, or otherwise alter the duties, responsibilities
and authority of the board of supervisors as provided under the Mississippi
Constitution of 1890 and the laws of the State of Mississippi.
���� (8)�
Any industrial or economic development purchase agreement or lease or related
economic development agreements may be executed upon such terms and conditions,
which shall be binding on any successor boards, and for such monetary rental or
other consideration as may be found adequate and approved by the alliance in orders or resolutions authorizing the same.� Any
covenants and obligations of the purchaser or lessee to make expenditures in
determined amounts, and within such time or times, for improvements to be
erected on the land by such purchaser or lessee and to conduct thereon
industrial or economic development operations in such aggregate payroll amounts
and for such period of time or times as may be determined and defined in such
purchase agreement or lease, and to give preference in employment where
practicable to qualified residents of the county in which any project is
situated, shall, if included in such purchase agreement or lease, constitute
and be deemed sufficient consideration for the execution of any such purchase
agreement or lease in the absence of a monetary rental or other consideration.�
Any such instrument may contain reasonable provisions giving the purchaser or
lessee the right to remove its or his improvements upon termination of the
lease.
���� (9)�
Upon the request of the alliance and in
addition to any other authority prescribed by law, the board of supervisors, in
its discretion, may issue bonds for the benefit of the alliance pursuant to the authority contained in Section 19-5-99,
Mississippi Code of 1972.
���� (10)�
Not less than sixty (60) days prior to the end of its fiscal year, the alliance shall file with the board �of supervisors a budget of
projected revenues, expenses and other financial activities for the coming
fiscal year in a form satisfactory to the board of supervisors and, in addition
thereto, as soon after the end of each fiscal year as practicable, the alliance shall file with the board of supervisors a copy of
its certified audit and financial statement for the immediate past fiscal year
of the alliance.
���� SECTION
5.� The alliance is authorized and empowered to take all actions and
expend any such funds of the alliance as
shall be necessary or determined to be in the public interests for the
promotion of economic and/or industrial development in the county, including,
but not limited to, efforts to develop, promote, attract and/or expand existing
businesses and industries, new businesses and industries, tourism, aerospace and
aviation businesses, communications and information technology businesses,
remote data centers, contact centers, warehousing and distribution businesses,
shared services centers, defense / homeland security businesses, metal
fabrication businesses, research and development businesses, manufacturing,
tourism and hospitality businesses within the county, and to expend such funds
of the alliance as shall be necessary or
determined in the public interests to develop and promote the county's
workforce, promote available jobs within the county, and to develop and promote
such training programs for the same.
���� SECTION
6.� The carrying out of the corporate
purposes of the alliance is in all
respects for the benefit of the people of the county and is a public purpose,
and the alliance will be performing an
essential governmental function in the exercise of the powers conferred upon it
by this act.� Hence, any property owned or held by the alliance or under its jurisdiction under this act shall be
exempt from all taxation in the State of Mississippi.
���� SECTION
7.� The notes specifically authorized
by this act shall be exempt from all income taxation in the state and shall not
be included in any debt limit calculation.
���� SECTION
8.� (1)� In addition to rights,
duties and powers now or hereafter conferred upon the board of supervisors, the
board of supervisors, at the request of the alliance, if applicable, is authorized and empowered, in its
discretion, to make available to the alliance any revenue in the general fund of the county which is otherwise
unappropriated, for economic or industrial development purposes.� If it
currently levies and collects the tax pursuant to Section 19-9-111, Mississippi
Code of 1972, the board of supervisors may, in its discretion and without the
need to reauthorize and renotice intent, continue to levy the tax of not more
than two (2) mills to be used to support and maintain the alliance.� If such tax is not currently levied, the board of
supervisors may levy such tax in accordance with Section 19-9-111, Mississippi
Code of 1972, to support and maintain the alliance.
���� (2)�
Further, the board of supervisors may, in its discretion, levy an additional
tax of not more than two (2) mills against the taxable property in the county
to be used to support and maintain the alliance created hereunder.� Before any such levy is made, the board of
supervisors shall signify its intention to make such a levy and publish same in
a newspaper published in said county for thirty (30) days prior to making said
levy.� In the event more than twenty percent (20%) or fifteen hundred (1500),
whichever is less, of the qualified electors of the county protest in writing
to the board of supervisors against the imposition of such tax levy within
thirty (30) days from the date such notice is published, then such proposed tax
levy shall not be made unless same is approved by a special election called for
said purpose.� Said special election shall be conducted and had as provided by
law.� This levy shall be in addition to all other levies provided by law and in
this act.
���� SECTION
9.� The alliance, in addition to the monies which may be received by
it from the sale of bonds, notes and from the collection of revenues, rents and
earnings derived under this act, shall have the authority to accept from any
public or private agency, or from any individual, grants for or in aid of the
construction of any project, or for the payment of bonds, and to receive and
accept contributions from any source of money or property or other things of
value to be held, used and applied only for the purposes for which such grants
or contributions may be made.
���� SECTION
10.� (1)� Notwithstanding any
provision of this act to the contrary, the trustees of the alliance, with the written approval of the board of supervisors,
if applicable, and the governing authorities of any municipality located within
the county, may enter into a contract providing for the delivery of economic
development and/or industrial development services to the municipality and
contribution of funds by the municipality to the alliance.� If the municipality contributes funds to the alliance, the contract may provide for the appointment by the
municipal governing authorities of such number of nonvoting representatives, as
may be determined by the parties to the contract, to advise in the management
of the alliance.
���� (2)�
The trustees of the alliance, with the
approval of the board of supervisors, if applicable, may enter into a contract
or agreement with the governing body of any other local or regional economic or
industrial development foundation, private economic development group, or other
public entity or alliance for the purposes of promoting, attracting and
locating economic and/or industrial development within the county.� Such
contracts and agreements shall be binding on successor boards.
���� SECTION
11.� Upon the creation of the alliance authorized by this act, the board of supervisors is
authorized, by duly adopted resolution, to dissolve the Yazoo County Economic
Development District, created by Section 19-5-99, Mississippi Code of 1972, and
to transfer, donate or sell any part of the assets, liabilities and other
responsibilities and obligations of the district, to the alliance under such terms and conditions as may be in the best
interest of the county, or as may be otherwise required by law to effectuate
the intent of this act.
���� SECTION
12.� The alliance is authorized to apply for and accept grants and
loans on behalf of the alliance, the
county and any contracting municipality from the State of Mississippi or the
United States of America or any agency thereof, and to contract with any agency
of the State of Mississippi and United States of America for the development of
the county.
���� SECTION
13.� This act shall be deemed to be
full and complete authority for the exercise of the powers herein granted, but
this act shall not be deemed to repeal or to be in derogation of any existing
law of this state whereunder projects of the character herein defined may be
constructed or financed.
���� SECTION
14.� The board of supervisors is
authorized and empowered to adopt any and all lawful resolutions, orders and/or
ordinances; to execute such documents, contracts, leases, certificates and indentures;
and to do and perform any and all acts and things necessary and requisite to
carry out the purposes of this act.
���� SECTION
15.� This act shall take effect and
be in force from and after its passage.