Bill Text: MS SB2361 | 2016 | Regular Session | Engrossed
Bill Title: Mississippi Department of Agriculture and DEQ; reorganize.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-04-18 - Died In Conference [SB2361 Detail]
Download: Mississippi-2016-SB2361-Engrossed.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Appropriations
By: Senator(s) Clarke
Senate Bill 2361
(As Passed the Senate)
AN ACT TO ESTABLISH THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND FORESTRY WHICH SHALL CONSIST OF THE PROGRAMS OF THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND COMMERCE, THE MISSISSIPPI DEPARTMENT OF ANIMAL HEALTH, THE MISSISSIPPI FAIR COMMISSION AND THE MISSISSIPPI FORESTRY COMMISSION; TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE AND COMMERCE TO SERVE AS EXECUTIVE DIRECTOR OF THE NEW MISSISSIPPI DEPARTMENT OF AGRICULTURE AND FORESTRY; TO TRANSFER THE SAID PROGRAMS TO THE NEW MISSISSIPPI DEPARTMENT OF AGRICULTURE AND FORESTRY AND PRESCRIBE AN ORGANIZATIONAL STRUCTURE; TO PROVIDE THAT THE MISSISSIPPI BOARD OF ANIMAL HEALTH, THE MISSISSIPPI FAIR COMMISSION AND THE MISSISSIPPI FORESTRY COMMISSION ARE ADVISORY ENTITIES TO THE DEPARTMENT OF AGRICULTURE AND FORESTRY; TO AMEND SECTIONS 69-1-1, 69-1-3, 69-1-9, 69-1-11, 69-1-13, 69-1-14, 69-15-2, 69-15-5, 69-15-7, 69-15-9, 69-15-15, 69-15-51, 69-15-53, 69-15-55, 69-15-57, 69-15-61, 69-15-63, 69-15-65, 69-15-201, 69-15-301, 69-19-1, 69-21-105, 69-23-3, 69-23-107, 69-24-3, 69-25-1, 69-25-3, 69-25-5, 69-25-7, 69-25-103, 69-5-1, 69-5-3, 69-5-5, 69-5-7, 69-5-8, 69-5-11 AND 69-5-13, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO TRANSFER THE FUNCTIONS AND RESPONSIBILITIES OF THE MISSISSIPPI SOIL AND WATER COMMISSION TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND TO PROVIDE THAT THE COMMISSION IS AN ADVISORY ENTITY TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY; TO AMEND SECTIONS 49-2-4, 49-2-7, 49-19-1, 49-19-3, 49-19-5, 49-19-7, 49-19-9, 49-19-11, 49-19-15, 49-19-21, 49-19-25, 49-19-65, 49-19-67, 49-19-71, 49-19-73, 49-19-111, 49-19-113, 49-19-115, 49-19-117, 49-19-205, 49-19-207, 49-19-211, 49-19-213, 49-19-215, 49-19-217, 49-19-219, 49-19-221, 49-19-223, 49-19-225, 49-19-227, 49-19-305, 49-19-307, 49-19-351, 51-9-107, 51-11-5, 51-11-9, 51-13-105, 51-13-107, 53-5-1, 55-3-1, 55-3-11, 55-3-19, 55-3-21, 55-3-23, 29-3-27, 29-3-45, 29-3-47, 29-3-49, 29-3-54, 29-3-85, 29-3-87, 49-7-203, 69-3-1, 69-29-1, 69-37-5, 69-45-5, 69-46-3, 69-47-1, 79-22-5, 69-27-2, 69-27-7, 69-27-9, 69-27-11, 69-27-13, 69-27-14, 69-27-31, 69-27-61, 69-27-301, 69-27-303, 69-27-305, 69-27-307, 69-27-308, 69-27-309, 69-27-311, 69-27-331, 69-27-333, 69-27-337, 69-27-341, 69-27-345, 69-27-369, 69-28-3, 69-29-103, 69-29-111, 69-29-115, 69-31-1, 69-31-3, 69-39-1, 69-39-3, 69-44-1, 69-48-1, 69-51-5, 69-53-7 AND 25-9-127, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO AMEND SECTION 73-36-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND FORESTRY SHALL PERFORM ALL ADMINISTRATIVE, CLERICAL, TESTING AND COMPLAINT FUNCTIONS OF THE STATE BOARD OF REGISTRATION FOR FORESTERS; TO AMEND SECTIONS 73-63-17 AND 73-63-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY SHALL PERFORM ALL ADMINISTRATIVE, CLERICAL, TESTING AND COMPLAINT FUNCTIONS OF THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL GEOLOGISTS; TO AMEND SECTION 73-39-57, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND FORESTRY SHALL PERFORM ALL ADMINISTRATIVE, CLERICAL, TESTING AND COMPLAINT FUNCTIONS OF THE STATE BOARD OF REGISTRATION FOR THE BOARD OF VETERINARY MEDICINE; TO AMEND SECTION 25-9-127, MISSISSIPPI CODE OF 1972, TO EXEMPT THE PERSONNEL ACTIONS OF THE COMMISSIONER OF AGRICULTURE AND FORESTRY AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY FROM STATE PERSONNEL BOARD PROCEDURES FOR A PERIOD OF ONE YEAR; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Mississippi Department of Agriculture and Forestry is hereby established, and shall retain all powers and duties granted by law to the following state agencies:
(a) The Mississippi Department of Agriculture and Commerce;
(b) The Mississippi Department of Animal Health;
(c) The Mississippi Fair Commission; and
(d) The Mississippi Forestry Commission.
(2) The Commissioner of Agriculture and Commerce shall be the Executive Director of the Mississippi Department of Agriculture and Forestry and may assign to the appropriate offices such powers and duties deemed appropriate to carry out the lawful functions of the programs transferred to the department under this act.
(3) On July 1, 2016, all duties, responsibilities, authority, power, assets, liabilities, contractual rights and obligations and property rights, whether accruing or vesting in the transferred agencies before or after July 1, 2016, are vested in the Mississippi Department of Agriculture and Forestry. All employees of the transferred agencies or division of agencies holding positions on July 1, 2016, shall be employees of the Mississippi Department of Agriculture and Forestry. The Executive Director of the Mississippi Department of Agriculture and Forestry shall be authorized to combine or abolish employee positions as necessary to carry out the provisions of this act, and the executive director is authorized to reorganize such offices, services, programs or other activities so as to achieve economy and efficiency and if the executive director finds such action to be in the public interest.
SECTION 2. Section 69-1-1, Mississippi Code of 1972, is amended as follows:
69-1-1. (1) A
Department of Agriculture and * * * Forestry is created and
established under the management and control of a public officer to be known as
the Commissioner of Agriculture and * * * Forestry, who shall have
competent knowledge of agriculture, mining, manufacturing, statistics and
general industries, must be an experienced and practical agriculturist * * *.
(2) Effective with the November 2019 General Election the title of the Commissioner of Agriculture and Commerce shall be changed to the Commissioner of Agriculture and Forestry and shall be elected by the people at the time and in the manner that other state officers are elected.
(3) Wherever the term "Department of Agriculture and Commerce" appears in any law or regulation, the same shall mean the Department of Agriculture and Forestry. Wherever the term "Commissioner of Agriculture and Commerce" appears in any law or regulation, the same shall mean the Commissioner of Agriculture and Forestry.
SECTION 3. Section 69-1-3, Mississippi Code of 1972, is amended as follows:
69-1-3. The term of office
of the Commissioner of Agriculture and * * * Forestry shall be four (4)
years, and any vacancy occurring shall be filled by appointment by the Governor
as provided by law.
SECTION 4. Section 69-1-9, Mississippi Code of 1972, is amended as follows:
69-1-9. The Commissioner of
Agriculture and * * * Forestry must appoint a clerk, who must take the
oath of office to discharge faithfully all the duties, which are or may be
required of him by law. The clerk shall hold office during the term of the
commissioner by whom he is appointed, and until the appointment and
qualification of his successor, unless sooner removed.
SECTION 5. Section 69-1-11, Mississippi Code of 1972, is amended as follows:
69-1-11. The clerk must
discharge such duties as may be prescribed by the Commissioner of Agriculture
and * * *
Forestry. The expense necessarily incurred by the clerk in traveling on
business of the department, under direction of the commissioner, must be paid
for and charged against the department.
SECTION 6. Section 69-1-13, Mississippi Code of 1972, is amended as follows:
69-1-13. The following are
the duties of the Commissioner of Agriculture and * * * Forestry:
(a) He shall encourage the proper development of agriculture, horticulture and kindred industries.
(b) He shall encourage the organization of neighborhood and county agricultural clubs and associations, and out of these the organization of the state agricultural association.
(c) He shall collect and publish statistics and such other information regarding such industries of this state and of other states as may be of benefit in developing the agricultural resources of the state. To this end he shall put himself in connection and shall cooperate with the agricultural department of other states and with the Commissioner of Agriculture of the United States, and shall provide for the proper and careful distribution of all documents and information coming into his possession on account of the department that may be of interest and benefit to the people of the state.
(d) He shall cause to be investigated the diseases of grain, cotton, fruit and other crops grown in this state and also remedies for such diseases, and also the habits and propagation of the various insects that are injurious to the crops of the state and the proper mode of their destruction.
(e) He shall investigate the subject of grasses and report upon their value and the cultivation of the varieties best adapted to the different sections of the state.
(f) He shall inquire into the subjects connected with dairying that he may deem of interest to the people of the state, and in this connection the raising of stock and poultry, the obtaining of such as are of most value, and the breeding and propagation of the same; and shall encourage raising of fish and the culture of bees.
(g) He shall investigate the subjects of subsoiling, drainage, etc., and the best modes of effecting each, and of irrigation and what portions of the state can be best benefited thereby.
(h) He shall investigate and report upon the culture of wool and the utility and profit of sheep-raising, also the culture of silk and its manufacture and preparation for market.
(i) He shall investigate and report on the question of broadening the market for cotton and cotton goods in the United States and foreign countries.
(j) He shall cause a proper collection of agricultural statistics to be made annually, and to this end shall furnish blank forms to the tax assessors of each county, and it is made the special duty of the tax assessor to whom said blanks are furnished to report to the bureau a list of all public or private ginners in his county, with their post offices, upon the demand of the commissioner. It shall be the duty of the commissioner to furnish to such ginner a form or forms of report to be made to the bureau at such time as the commissioner may direct. A failure to make such reports on the part of the ginner or assessor as required by said commissioner shall be deemed a misdemeanor, and, upon conviction, punished as provided by law. It shall be the duty of the members of the boards of supervisors and the county tax assessor of each county in this state to make such reports as may be required by this bureau touching the matter within the scope of this chapter; and failure of any supervisor or tax assessor to make such report when required shall be deemed a misdemeanor and shall be punished as provided by law.
(k) He shall appoint county correspondents who shall report to him from time to time, as may be desired.
(l) He shall collect specimens of wood suitable for manufacture and other purposes, and specimens of agricultural, mineral, phosphate and marl deposits of the state; cause correct analysis of such as may be deemed expedient to be made and recorded in a substantial book to be kept for this purpose.
(m) He shall also, as soon as practicable, prepare a convenient handbook with necessary illustrated maps, which shall contain all necessary information as to the mines, mineral, forest, soil, and other products, climate, water, waterpower for the establishing of factories, land, flowers, fisheries, mountains, streams, and all other statistics as are best adapted to the giving of proper information and the attraction of advantages which the state affords to immigrants, and shall make illustrated expositions thereof whenever practicable at international and state expositions.
(n) He shall have the primary responsibility for developing programs that will enhance the marketing of the state's agricultural products to both national and international markets.
SECTION 7. Section 69-1-14, Mississippi Code of 1972, is amended as follows:
69-1-14. (1) The
Commissioner of Agriculture and * * * Forestry is hereby authorized
and empowered to employ an attorney to represent the Department of Agriculture
and * * *
Forestry and its divisions and offices and to fix his compensation
subject to the * * * provisions of Section 7-5-1
et seq. Said attorney shall be a full-time employee of the Department of
Agriculture and * * * Forestry and shall be furnished such office space
and clerical assistance as shall be necessary. * * * The salary and expenses of said attorney shall be
paid from any funds available to the Department of Agriculture and * * * Forestry.
(2) The Department of
Agriculture and * * * Forestry is hereby
authorized and empowered to expend such sums from any funds available for the
purposes of paying the salary and expenses of the attorney provided for in
subsection (1).
SECTION 8. Section 69-15-2, Mississippi Code of 1972, is amended as follows:
69-15-2. (1) * * * The
Department of Agriculture and Forestry shall be the Mississippi Board of Animal
Health and shall retain all powers and duties granted by law to the Mississippi
Board of Animal Health. The members of the Mississippi Board of Animal Health
shall become an advisory council to the Department of Agriculture and
Forestry. Wherever the term "Mississippi Board of Animal Health"
appears in any law or regulation the same shall mean the Department of
Agriculture and Forestry.
(2) The Governor, with the advice and consent of the Senate, shall appoint eleven (11) other members from the following groups or associations from a written list of recommendations from such groups or associations:
One (1) licensed and practicing veterinarian who holds a Doctor of Veterinary Medicine Degree, from a written list of three (3) recommendations submitted by the Mississippi State Veterinary Medical Association;
One (1) general farmer from a written list of three (3) recommendations submitted by the Mississippi Farm Bureau Federation;
One (1) poultry breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Poultry Improvement Association;
One (1) sheep breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Sheep Producers' Association;
One (1) beef cattle breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Cattlemen's Association;
One (1) swine breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Pork Producers' Association;
One (1) dairy breeder and producer from a written list of three (3) recommendations submitted by the American Dairy Association of Mississippi;
One (1) horse breeder and producer from a written list of four (4) recommendations, one (1) recommendation submitted by each of the following: the Mississippi Quarter Horse Association, Tennessee Walking Horse Association, Mississippi Cutting Horse Association and Mississippi State Equine Association. If an association fails to timely submit its recommendation, the Governor may appoint the member from the list of recommendations submitted by the other associations;
One (1) catfish breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Catfish Association;
One (1) member of the Mississippi Independent Meat Packers' Association from a written list of three (3) recommendations submitted by the Mississippi Independent Meat Packers' Association;
One (1) member of the Mississippi Livestock Auction Association from a written list of three (3) recommendations submitted by the Mississippi Livestock Auction Association.
All members shall take and subscribe to the general oath of office as provided in Section 268, Mississippi Constitution of 1890, and file the same with the Commissioner of Agriculture and Commerce.
(3) Effective August 1, 1968, the dairy producer member shall be appointed for a one-year term; the Livestock Auction Association member shall be appointed for a two-year term; and the meat packer member shall be appointed for a three-year term; the catfish producer member shall be appointed for a four-year term; and the horse producer member shall be appointed for a five-year term.
Effective August 1, 1969, the poultry producer member shall be appointed for a two-year term; on August 1, 1970, the sheep producer member shall be appointed for a three-year term; on August 1, 1971, the swine producing member shall be appointed for a four-year term; on August 1, 1972, the general farmer member shall be appointed for a five-year term; on August 1, 1973, the veterinarian member shall be appointed for a six-year term; and on August 1, 1974, the beef cattle producer member shall be appointed for a seven-year term.
All subsequent appointments shall be for four-year terms, except for appointments to fill vacancies which shall be for the unexpired term only.
(4) (a)
"Commissioner" means the Commissioner of Agriculture and * * * Forestry.
(b)
"Department" means the Department of Agriculture and * * * Forestry.
(5) On or before July 1,
1998, the * * *
Commissioner of Agriculture and Forestry shall appoint * * * the State Veterinarian.
(6) There is created * * * a legislative advisory council to
advise the * * * Department of Agriculture and Forestry on
matters concerning * * * animal health. The council shall be composed of the
Chairman of the Senate Agriculture Committee, the Chairman of the House
Agriculture Committee, and one (1) appointee of the Lieutenant Governor and one
(1) appointee of the Speaker of the House of Representatives. The members of
the advisory council shall serve in an advisory capacity only. For attending
meetings of the council, such legislators shall receive per diem and expenses
which shall be paid from the contingent expense funds of their respective
houses in the same amounts provided for committee meetings when the Legislature
is not in session; however, no per diem or expenses for attending meetings of
the council shall be paid while the Legislature is in session. No per diem and
expenses shall be paid except for attending meetings of the council without
prior approval of the proper committee in their respective houses.
SECTION 9. Section 69-15-5, Mississippi Code of 1972, is amended as follows:
69-15-5. The members of the Advisory Board of Animal Health who are not full-time public officers or public employees shall be entitled to a per diem as is provided by Section 25-3-69, Mississippi Code of 1972, not to exceed twenty (20) days in any fiscal year. All members shall be entitled to mileage and actual and necessary expenses in attending such regular or special meetings, as provided by Section 25-3-41.
SECTION 10. Section 69-15-7, Mississippi Code of 1972, is amended as follows:
69-15-7. The * * * Commissioner of
Agriculture and Forestry is authorized and empowered to employ the
necessary professional, technical and clerical personnel as he deems necessary
to carry out the powers and duties of * * * this chapter, and to fix
their compensation. The * * *board shall appoint from a written list of not less than three (3)
licensed veterinarians submitted by the Commissioner of Agriculture
and * * *
Forestry shall appoint a duly licensed and practicing veterinarian as
the State Veterinarian, who shall hold a Degree of Veterinary Medicine from a
recognized college or university and shall have been engaged in the practice of
veterinary science for not less than ten (10) years prior to his appointment.
The State Veterinarian shall serve at the will and pleasure of the * * * commissioner and shall enter into
a surety bond for the faithful performance of his duties, and the premium
therefor shall be paid by the * * * Department of Agriculture and Forestry.
The * * * commissioner
shall also be authorized to employ an attorney as authorized in Section 69-1-14,
Mississippi Code of 1972.
SECTION 11. Section 69-15-9, Mississippi Code of 1972, is amended as follows:
69-15-9. (1) (a) The * * * Department of
Agriculture and Forestry shall have plenary power to deal with all
contagious and infectious diseases of animals as in the opinion of the * * * commissioner may be prevented,
controlled or eradicated, and with full power to make, promulgate and enforce
such rules and regulations as in the judgment of the board may be necessary to
control, eradicate and prevent the introduction and spread of anthrax,
tuberculosis, hog cholera, Texas and splenic fever and the fever-carrying tick
(margaropus annulatus), cattle brucellosis, anaplasmosis, infectious bovine
rhinotracheitis, muscosal disease, cattle viral diarrhea, cattle scabies, sheep
scabies, hog cholera, swine erysipelas, swine brucellosis, equine
encephalomyelitis, rabies, vesicular diseases, salmonella group, newcastle
disease, infectious laryngotracheitis, ornithosis-psittacosis, mycoplasma
group, chronic wasting disease and any suspected new and/or foreign diseases of
livestock and poultry and all other diseases of animals in this state, and the
board is hereby vested with full authority to establish and maintain quarantine
lines and to quarantine by county, supervisors district, parcel of land or
herd. The State Veterinarian shall appoint as many inspectors and range riders
as may be deemed necessary, and the funds at his disposal will permit, and
shall delegate authority to said inspectors and range riders, to enter premises
to inspect and disinfect livestock and premises, and enforce quarantine
including counties, farms, pens, stables and other premises.
(b) No veterinarian may provide veterinary services for the control, eradication or prevention of diseases in animals at a stockyard, livestock auction, equine sale or other place or event of livestock trading unless he has first been approved by the board for this purpose. The board shall have the authority to adopt rules and regulations as may be necessary or desirable to carry out the purposes of this paragraph.
(2) No officer or agent of the State Veterinarian may enter the actual enclosures of any person except with the consent of the person lawfully in possession thereof or in the absence of such consent, with a proper writ obtained as in other cases of searches and seizures under constitutional law. When such officers and agents are lawfully on the premises, either by permission or writ, they shall be authorized to inspect the premises and the livestock and animals found thereon by entering the enclosures and buildings and they are authorized to check livestock and poultry found therein for any contagious diseases and take proper action to control or eradicate any such diseases that may be found. While such officers and agents are performing their duties hereunder, they shall not be personally liable except for gross negligence. The refusal without lawful reason of any person to give the consent aforesaid shall be deemed a misdemeanor and shall be punishable as for violations of Article 5 of this chapter as provided for in Section 69-15-115.
The * * * Department of
Agriculture and Forestry shall administer the special fund created in
Section 69-15-19.
(3) (a) The * * * Department of
Agriculture and Forestry shall have plenary power to control, prevent,
eradicate, inspect and monitor chronic wasting disease or other contagious
disease of exotic cervids or other exotic livestock. It shall be the duty of
the * * * Department
of Agriculture and Forestry to develop an inspection, testing and
monitoring program for such diseases.
(b) An officer or agent of the State Veterinarian is authorized to enter any facility containing cervids or other exotic livestock to inspect the premises and the cervids or exotic livestock. Such officer or agent may inspect, monitor or test any cervid or exotic livestock for disease and may take proper action to control or eradicate any diseases found. While such officers or agents are performing their duties, they shall not be personally liable, except for gross negligence.
(c) As a condition of maintaining a permit for a cervid or other exotic livestock facility, it shall be the duty of the permittee to allow the agents of the State Veterinarian to enter the facility and to conduct inspections and tests.
(4) As a condition of maintaining a permit for a cervid or other exotic livestock facility, the permittee shall immediately notify the State Veterinarian upon discovery of the escape of a cervid or exotic livestock. Any such animal shall be treated as an escaped wild animal and may be disposed of accordingly.
SECTION 12. Section 69-15-15, Mississippi Code of 1972, is amended as follows:
69-15-15. (1) The * * * Department of
Agriculture and Forestry shall have the power and duty to quarantine all
herds of cattle where a diagnosis of anthrax is made.
(2) Such quarantine shall remain in effect until the State Veterinarian receives a certificate which is signed by a Mississippi licensed and accredited veterinarian, and which states that such herd has been properly treated and vaccinated and that the medical waste and any dead animals from such herd have been properly disposed. The proper disposal of such dead animals shall be by burning the animal at the spot of death or by burying the animal six (6) feet deep and covering the animal with quick lime.
(3) The Board of Animal Health shall have the power and duty to quarantine all herds of cattle on lands immediately adjacent to any infected herd. Such quarantine shall remain in effect until the State Veterinarian receives a certificate as specified in subsection (2) of this section.
(4) Any person, firm or corporation failing to comply with any of the provisions of this section, or interfering with the State Veterinarian or any duly appointed officer of the State Veterinarian in the discharge of his duty or for having discharged his duties, shall be deemed in violation of the provisions of this section and shall be subject to the penalties provided in Section 69-15-65, Mississippi Code of 1972.
SECTION 13. Section 69-15-51, Mississippi Code of 1972, is amended as follows:
69-15-51. It is the purpose
of Sections 69-15-51 through 69-15-69 to establish an administrative hearing
procedure under the * * * Department of Agriculture and Forestry to
enforce the rules and regulations of the * * * Department of
Agriculture and Forestry and the statutes and laws of the State of
Mississippi pertaining to the control and eradication of tuberculosis, anthrax,
hog cholera, Texas and splenic fever and the fever-carrying tick (Margaropus
annulatus), cattle brucellosis, anaplasmosis, infectious bovine
rhinotracheitis, muscosal disease, cattle viral diarrhea, cattle scabies, sheep
scabies, swine erysipelas, swine brucellosis, equine encephalomyelitis, rabies,
vesicular diseases, salmonella group, newcastle disease, infectious
laryngotracheitis, ornithosis-psittacosis, mycoplasma group, equine infectious
anemia and any suspected new and/or foreign diseases of livestock and poultry,
and all other diseases of animals in this state, currently in effect or
hereafter made and promulgated.
SECTION 14. Section 69-15-53, Mississippi Code of 1972, is amended as follows:
69-15-53. (1) When any
allegation or charge has been made against a person for violating the rules and
regulations of the * * * Department of Agriculture and Forestry or
the law relating to the prevention and eradication of diseases in animals and
livestock, the * * * Commissioner of Agriculture and Forestry
shall direct the State Veterinarian to act as the reviewing officer. The
reviewing officer shall (a) cause the complaint to be in writing and signed by
the person making the charge; (b) insure that the complaint is filed in the
office of the * * * Department of Agriculture and Forestry; and (c)
send a copy of the complaint and any supporting documents to the person accused
along with a request for the accused to respond to the allegations within
thirty (30) days. Such notification shall be accomplished by any of the
methods provided for in Rule 4 of the Mississippi Rules of Civil Procedure.
Upon receipt of the response and any supporting documents from the accused, the
reviewing officer shall screen all information on file to determine the merit
of the complaint or lack thereof.
(2) If the reviewing officer determines that the complaint lacks merit, he may dismiss the complaint.
(3) If the reviewing officer determines that there are reasonable grounds to indicate that a violation has occurred or the accused admits to the truth of the allegations upon which the complaint is based, the reviewing officer may levy a fine not to exceed One Thousand Dollars ($1,000.00) for each violation.
(4) If the accused requests a hearing, in writing, within thirty (30) days, the reviewing officer shall notify the Board of Animal Health and a hearing shall be scheduled. The actions of the State Veterinarian with respect to subsections (2) and (3) above shall be reviewable at such hearing, if so requested. The party requesting a hearing shall file a fee of One Hundred Dollars ($100.00) along with the request for hearing to cover the cost of a court reporter.
SECTION 15. Section 69-15-55, Mississippi Code of 1972, is amended as follows:
69-15-55. (1) The * * * Commissioner of
Agriculture and Forestry, upon notice from the reviewing officer that a
hearing is requested, shall appoint a three-member hearing committee which
shall consist of one (1) attorney from the Attorney General's office, and two
(2) representatives from the Department of Agriculture * * *
and Forestry. The hearing committee shall, within thirty (30) days of
notification from the reviewing officer, conduct a hearing at a date, time and
place to be determined by the hearing committee, provided that such hearing
shall be held and conducted within the county in which the accused resides or
in a situs mutually agreeable and that for good cause shown the hearing
committee may grant a continuance or continuances of such hearings. Written
notice of date, time and place of such hearing shall be mailed to the accused
by registered mail, return receipt requested, no less than fifteen (15) days
prior to the commencing of the hearing.
(2) A duly qualified court reporter shall be in attendance and shall make a full and complete transcript of the proceedings. The hearing shall be closed unless the accused shall request a public hearing. The hearing committee shall have the right and duty to impose reasonable restrictions as it may deem necessary or appropriate to insure an orderly, expeditious and impartial proceeding, and shall admit all relevant and material evidence except evidence which is unduly repetitious.
(3) For purposes of such hearing, the committee is hereby empowered to require the attendance of witnesses, administer oaths and hear testimony, either oral or documentary, for and against the accused. The board shall have the authority to issue subpoenas to compel the attendance of witnesses and the production of books, papers, records or other documentary evidence at a hearing pending before the board. Subpoenas to be issued shall be delivered to the sheriff of the county where they are to be executed and the sheriff shall cause them to be served. In case of the failure of any person to comply with any subpoena issued by the board, the board or its authorized representative may invoke the aid of any court of general jurisdiction of this state. The court may thereupon order such person to comply with the requirements of the subpoena. Failure to comply with the order of the court may be treated as contempt thereof.
(4) At the conclusion of the hearing, the hearing committee, upon the majority vote of the members of such committee, shall transmit to the Board of Animal Health a written opinion incorporating findings of fact and recommendations for penalties which shall not exceed One Thousand Dollars ($1,000.00) for each violation.
SECTION 16. Section 69-15-57, Mississippi Code of 1972, is amended as follows:
69-15-57. The reviewing
officer and/or the hearing committee shall certify findings and recommendations
to the * * * Department of Agriculture and Forestry within five (5)
days of the conclusion of the proceedings. The * * * Department of
Agriculture and Forestry shall * * * review such findings and recommendations and
approve, modify or reverse the recommendations made as a result of the review
and hearing. The * * * Department of Agriculture and Forestry shall
then notify the accused violator of its decision by certified mail at a mailing
address provided during the proceedings, or at the accused violator's last-known
address.
SECTION 17. Section 69-15-61, Mississippi Code of 1972, is amended as follows:
69-15-61. The * * * Department of
Agriculture and Forestry shall have jurisdiction over all persons and
property necessary to administer and enforce the provisions of Sections 69-15-51
through 69-15-69, the rules and regulations of the board, and all other laws
relating to the prevention and eradication of diseases in animals and
livestock. The * * *
department may adopt rules and regulations to implement the provisions
of Sections 69-15-51 through 69-15-69.
SECTION 18. Section 69-15-63, Mississippi Code of 1972, is amended as follows:
69-15-63. (1) Any
individual aggrieved by a final decision of the * * * Department of
Agriculture and Forestry after its review of the hearing officer's
recommendation shall be entitled to judicial review.
(2) An appeal from the * * * department's decision shall be
filed in the Circuit Court of the First Judicial District of Hinds County on
the record made, including a verbatim transcript of the testimony at the
hearing held before the designated hearing committee * * *. The appeal
shall be filed within thirty (30) days after notification of the action of the
board is mailed or served and the proceedings in circuit court shall be
conducted as other matters coming before the court. The appeal shall be
perfected upon filing notice of the appeal and by the prepayment of all costs,
including the cost of preparation of the record of the proceedings by the * * * Department of
Agriculture and Forestry, and the filing of a bond in the sum of Five
Hundred Dollars ($500.00) conditioned that if the action of the board be
affirmed by the circuit court, the aggrieved party shall pay the costs of the
appeal and the action of the circuit court.
(3) The scope of review of the circuit court in such cases shall be limited to a review of the record made before the board or hearing committee to determine if the action of the board is unlawful for the reason that it was:
(a) Not supported by any substantial evidence;
(b) Arbitrary or capricious; or
(c) In violation of some statutory or constitutional right of the individual.
(4) No relief shall be granted based upon the court's finding of harmless error by the board in complying with the procedural requirements of Sections 69-15-51 through 69-15-61. In the event that there is a finding of prejudicial error in the proceedings, the cause may be remanded for a rehearing consistent with the findings of the court.
(5) Any party aggrieved by action of the circuit court may appeal to the State Supreme Court in the manner provided by law.
SECTION 19. Section 69-15-65, Mississippi Code of 1972, is amended as follows:
69-15-65. (1) Each
violation of the rules and regulations of the * * * Department of
Agriculture and Forestry or violations of any other of the laws governing
the eradication of contagious diseases in animals and livestock shall be
subject to the imposition of a civil penalty up to One Thousand Dollars
($1,000.00).
(2) When one or more animals are involved and are the subject of the violation each animal shall constitute a separate violation.
SECTION 20. Section 69-15-201, Mississippi Code of 1972, is amended as follows:
69-15-201. The State
Veterinarian, with the approval and consent of the * * * Commissioner of
Agriculture and Forestry is directed to employ one or more qualified
veterinarians to be paid from the funds at the disposal of said board, who
shall cooperate with the veterinarians of the U.S. Department of Agriculture,
Bureau of Animal Industry, in testing cattle for tuberculosis in this state.
SECTION 21. Section 69-15-301, Mississippi Code of 1972, is amended as follows:
69-15-301. (1) The work of
tick eradication shall be prosecuted by the * * * Department of
Agriculture and Forestry under the following provisions: The State
Veterinarian, with the approval and consent of the board, shall hire an
assistant executive officer for tick eradication who shall receive a salary of
not exceeding Four Thousand Dollars ($4,000.00) per annum to be fixed by the
board, who shall be duly qualified for the work and of recognized ability and
experience in tick eradication and who shall have full authority and
jurisdiction, subject to the rules and regulations of the * * * Department of
Agriculture and Forestry in the matter, direction and administration of the
work of eradication of the Texas and splenic fever and the fever-carrying tick,
in the State of Mississippi, until such time as in the judgment of the said
board it is necessary for the prosecution to a successful conclusion of the
campaign of eradicating said ticks and tick fever.
(2) The assistant executive officer shall have for the purpose of eradication of the Texas and splenic fever or fever-carrying tick, all the powers, authority and jurisdiction now conferred by law upon the Executive Officer of the Board of Animal Health, upon the conditions and limitations set forth in this section and in Section 69-15-303, Mississippi Code of 1972.
(3) The assistant executive officer shall employ such inspectors and range riders and other employees as may be deemed necessary by the Board of Animal Health for the successful prosecution of the work of eradication of the said Texas and splenic fever and fever-carrying tick, the employment of such inspectors, range riders, and other employees to be subject to the approval of the advisory commission on tick eradication, the compensation of such inspectors, range riders, and other employees to be subject to the approval of the said advisory commission, fixed by the board and paid out of any appropriation made to said board for tick eradication.
SECTION 22. Section 69-19-1, Mississippi Code of 1972, is amended as follows:
69-19-1. The Commissioner
of Agriculture and * * * Forestry shall have the power to make rules and
regulations to govern the qualifications and the practicing of persons engaged
in the professional services herein defined and to prevent fraudulent practices
in the said professional services. No such rule or regulation shall be
effective unless and until the same shall have been approved by the advisory
board created under the provisions of Section 69-25-3, Mississippi Code of
1972.
SECTION 23. Section 69-21-105, Mississippi Code of 1972, is amended as follows:
69-21-105. As used in this article, the following terms shall have the meanings hereinafter ascribed to them:
(a) "Aerial application" means the practice of engaging in agricultural aircraft operations.
(b) "Agricultural aircraft operation" means:
(i) Dispensing any pesticide, seed, poison, chemical or fertilizer by aircraft;
(ii) Dispensing any other substance intended for plant nourishment, soil treatment, propagation of plant life or pest control by aircraft; or
(iii) Engaging in dispensing activities directly affecting agriculture, horticulture or forest preservation by aircraft.
(c) "Agricultural substance" means any seed, fertilizer or pesticide that is used, applied, sprayed or administered in an agricultural, horticultural or forestry setting.
(d) "Aircraft" means any contrivance now known or hereafter invented that is used or designed for navigation of or flight in the air over land and water, and that is designed for or adaptable for use in agricultural aircraft operation.
(e) "Applicator" means any person, as defined in this section, who is licensed under this article to engage in the business of agricultural aircraft operations; who may or may not be a pilot.
(f)
"Commissioner" means the Commissioner of the Mississippi Department
of Agriculture and * * * Forestry.
(g) "Defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission.
(h)
"Department" means the Mississippi Department of Agriculture and * * * Forestry.
(i) "Desiccant" means any substances or mixtures of substances intended for artificially accelerating the drying of plant tissues.
(j) "Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the Class Insecta, comprising six-legged, usually winged forms, as for example, beetles, bugs and flies; and to other classes of arthropods whose members are wingless and usually have more than six (6) legs, as for example, spiders, mites, ticks, centipedes and wood lice.
(k) "Person" shall mean any individual, corporation, firm, partnership, company, trust, association or other legal entity.
(l) "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, mitigating or attracting any pests; and shall also include adjuvants intended to enhance the effectiveness of pesticides; and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.
(m) "Pilot" means the operator of an aircraft used in agricultural aircraft operation; however, a pilot may also be a person who is licensed as an applicator under the provisions of this article.
SECTION 24. Section 69-23-3, Mississippi Code of 1972, is amended as follows:
69-23-3. Definitions for the purpose of this chapter:
(a) The term "pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, mitigating or attracting any pests; and shall also include adjuvants intended to enhance the effectiveness of pesticides; and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.
(b) The term "insecticide" means any substance or mixture of substances intended for preventing, destroying, repelling, mitigating or attracting insects which may be present in any environment whatsoever.
(c) The term "fungicide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungi.
(d) The term "rodenticide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating rodents or any other vertebrate animals which the commissioner shall declare to be pests.
(e) The term "herbicide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed.
(f) The term "adjuvant" means any substance that, when added to a pesticide is intended to aid, modify or enhance its effectiveness by its properties of serving as a wetting agent, detergent, spreading agent, synergist, deposit builder, adhesive, surfactant, emulsifying agent, deflocculating agent, water modified, or similar agent, with or without toxic properties of its own, and when sold in a package or container separate from that of the pesticide with which it is to be used.
(g) The term "nematicide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating nematodes.
(h) The term "plant regulator" means any substance or mixture of substances intended through physiological action, for accelerating the rate of growth or rate of maturation, or for otherwise altering the behavior of ornamental or crop plants, or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments.
(i) The term "defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission.
(j) The term "desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissues.
(k) The term "disinfectant" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating bacteria or other harmful microorganisms; or otherwise frees from infection; commonly applied to inanimate objects.
(l) The term "bactericide" means a substance capable of destroying a given species of vegetative bacteria but not necessarily capable of destroying bacterial spores.
(m) The term "insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six-legged, usually winged forms as, for example, beetles, bugs, bees, flies, and to other allied classes of orthropods whose members are wingless and usually have more than six (6) legs as, for example, spiders, mites, ticks, centipedes, and wood lice.
(n) The term "nematodes" means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle, and inhabiting soil, water, plants or plant parts; may also be called nemas or eelworms.
(o) The term "fungi" means all nonchlorophyll-bearing thallophytes (that is, all nonchlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts, and bacteria except those on or in living man or other animals, and those in or on processed food, beverages or pharmaceuticals.
(p) The term "weed" means any plant which grows where not wanted.
(q) The term "ingredient statement" means:
(i) A statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients in the pesticide;
(ii) When the pesticide contains arsenic in any form, the ingredient statement shall also include the percentages of total and water soluble arsenic, each calculated as elemental arsenic;
(iii) In the case of spray adjuvants, the ingredient statement need contain only the names of the functioning agents and the total percentage of the constituents ineffective as spray adjuvants.
(r) The term "active ingredient" means:
(i) In the case of a pesticide other than a plant regulator, defoliant or desiccant an ingredient which will prevent, destroy, repel, attract or mitigate insects, nematodes, fungi, rodents, weeds or other pests;
(ii) In the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the produce thereof;
(iii) In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant;
(iv) In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue;
(v) In the case of a spray adjuvant, any ingredient which will act as a functioning agent.
(s) The term "inert ingredient" means an ingredient which is not an active ingredient.
(t) The term "antidote" means the most practical immediate treatment in case of poisoning and includes first aid treatment.
(u) The term "person" means any individual, partnership, association, corporation or organized group of persons, whether incorporated or not.
(v) The term
"commissioner" means the Commissioner of Agriculture and * * * Forestry, or his agent.
(w) The term
"entomologist" means the State Entomologist of the Mississippi
Department of Agriculture and * * * Forestry.
(x) The term "registrant" means the person registering any pesticide pursuant to the provisions of this chapter.
(y) The term "label" means the written, printed, or graphic matter on, or attached to, the pesticide, or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the pesticide.
(z) The term "labeling" means all labels and other written, printed or graphic matter:
(i) Upon the pesticide or any of its containers or wrappers;
(ii) Accompanying the pesticide at any time;
(iii) To which reference is made on the label or in literature accompanying the pesticide, except when accurate, nonmisleading reference is made to current official publications of the United States Environmental Protection Agency, Department of Agriculture or Interior, the United States Public Health Service, State Experiment Station, state agricultural colleges, or other similar federal institutions or official agencies of this state, or other states authorized by law to conduct research in the field of pesticides.
(aa) The term "adulterated" shall apply to any pesticide if its strength or purity falls below the professed standard or quality as expressed on labeling or under which it is sold, or if any substance has been substituted wholly or in part for the articles, or if any valuable constituent of the article has been wholly or in part abstracted.
(bb) The term "misbranded" shall apply to any pesticide:
(i) If its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading to any particular;
(ii) If it is an imitation of or is offered for sale under the name of another pesticide;
(iii) If its labeling does not contain a statement of the use classification under which the product is registered;
(iv) If the labeling accompanying it does not contain instructions for use which are necessary and, if complied with, together with any requirements imposed under the Federal Insecticide, Fungicide and Rodenticide Act, are adequate for the protection of health and environment;
(v) If the label does not contain a warning or caution statement which may be necessary and, if complied with, together with any requirements which may be imposed under the Federal Insecticide, Fungicide and Rodenticide Act, are adequate to protect health and environment;
(vi) If the label does not bear an ingredient statement on that part of the immediate container and on the outside container or wrapper, if there be one, through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase; the ingredient statement may appear prominently on another part of the container as permitted under the Federal Insecticide, Fungicide and Rodenticide Act if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase;
(vii) If any word, statement or other information required by or under the authority of this chapter to appear on the labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or graphic matter in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(viii) If in the case of an insecticide, fungicide or herbicide, or nematicide when used as directed or in accordance with commonly recognized practice, it shall be injurious to living man or other vertebrate animals or vegetation, except weeds, to which it is applied, or to the person applying such pesticide; or
(ix) In the case of a plant regulator, defoliant or desiccant when used as directed it shall be injurious to living man or other vertebrate animals, or vegetation to which it is applied, or to the person applying such pesticide; provided, that physical or physiological effect on plants or parts thereof shall not be deemed to be injurious when this is the purpose for which the plant regulator, defoliant or desiccant was applied, in accordance with the label claims and recommendations.
(cc) The term "environment" includes water, air, land and all plants and man and other animals living therein and inter-relationships which exist among these.
(dd) The term "EPA" means the United States Environmental Protection Agency.
(ee) The term "imminent hazard" means a situation which exists when the continued use of a pesticide during the time required for cancellation under this chapter would likely result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered by the Secretary of the Interior.
(ff) The term "pest" means:
(i) Any insects, rodents, nematodes, fungi, weeds, or
(ii) Other forms of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms on or in living man or other living animals) which the commissioner declares to be a pest.
(gg) The term "licensed pesticide dealer" means any person who distributes or offers for sale restricted use pesticides and/or state restricted use pesticides.
(hh) The term "pesticide dealer manager" means an individual (who may be the owner) supervising pesticide distribution at one (1) outlet holding a pesticide dealer license.
(ii) The term "protect health and environment" means protection against any unreasonable adverse effects on the environment.
(jj) The term "restricted use pesticide" means any pesticide classified for restricted use by EPA or the commissioner. Any pesticide which is not classified for restricted use by January 1, 1976, will be deemed to be for general use. In order not to deprive the citizens of this state of the benefits derived from newly developed pesticides or uses which may be restricted by EPA after January 1, 1976, the commissioner may register such pesticides for restricted use if that is the only method by which they may be made available to the citizens of Mississippi.
(kk) The term "state restricted pesticide" means any pesticide use which, when used as directed or in accordance with a widespread and commonly recognized practice, the commissioner determines subsequent to a hearing requires additional restrictions for that use to protect the environment, including man, lands, beneficial insects, animals, crops and wildlife other than pests.
(ll) The term "unreasonable adverse effects on the environment" means any unreasonable risk to man or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide.
(mm) The term "FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act, as amended.
SECTION 25. Section 69-23-107, Mississippi Code of 1972, is amended as follows:
69-23-107. When used in the context of Sections 69-23-101 through 69-23-135, the following terms shall be ascribed the following meanings:
(a)
"Commissioner" means the Commissioner of Agriculture and * * * Forestry of the State of
Mississippi.
(b) "Certification" means the recognition by a state that a person is competent and thus authorized to use or supervise the use of restricted use pesticides.
(c) "Certified applicator" means any person who is certified to use or supervise the use of any restricted use pesticide covered by this certification.
(d) "Commercial applicator" means a certified applicator (whether or not he is a private applicator with respect to some uses) who uses or supervises the use of any pesticide that is classified for restricted use for any purpose or on any property other than as provided by the definition of "private applicator."
(e)
"Division" means the Bureau of Plant Industry within the Regulatory
Office of the Mississippi Department of Agriculture and * * * Forestry.
(f) "Division of
Plant Industry" means the Bureau of Plant Industry within the Regulatory
Office of the Mississippi Department of Agriculture and * * * Forestry.
(g) "EPA" means the United States Environmental Protection Agency.
(h) "FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act, as amended.
(i) "License" means a license, certificate or permit.
(j) "Person" means any individual, partnership, association, corporation or organized group of persons, whether incorporated or not.
(k) "Pest" means:
(i) Any insects, rodents, nematodes, fungi, weeds; and
(ii) Other forms of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria or other microorganism on or in living man or other living animals) that the commissioner declares to be a pest.
(l) "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, mitigating or attracting any pests; and shall also include adjuvants intended to enhance the effectiveness of pesticides; and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.
(m) "Private applicator" means a certified applicator who uses or supervises the use of any pesticide that is classified for restricted use for purposes of producing any agricultural commodity on property owned, rented or controlled by him or his employer or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person, subject to regulations adopted under authority granted by Sections 69-23-101 through 69-23-135.
(n) "Public applicator" means any individual who applies restricted use pesticides as an employee of a state agency, municipal corporation, public utility, or other governmental agency. This term does not include employees who work under direct "on-the-job" supervision of a public applicator.
(o) "Restricted use pesticide" means any pesticide classified for restricted use by EPA or by the commissioner.
(p) "State restricted pesticide use" means any pesticide use which, when used as directed or in accordance with a widespread and commonly recognized practice, the commissioner determines subsequent to a hearing, requires additional restrictions for that use to protect the environment including man, lands, beneficial insects, animals, crops and wildlife, other than pests.
(q) "Under the direct supervision of a certified applicator" means, unless otherwise prescribed by its labeling, a pesticide that is to be applied by a competent person acting under the instructions and control of a certified applicator who is available if and when needed, even though that certified applicator is not physically present at the time and place the pesticide is applied.
(r) "Unreasonable adverse effects on the environment" means any unreasonable risk to man or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide.
(s) Words and terms as defined in Sections 69-19-1 through 69-19-15, 69-21-101 through 69-21-128 and 69-23-1 through 69-23-29, when used in Sections 69-23-101 through 69-23-135 shall have the same meaning ascribed therein.
SECTION 26. Section 69-24-3, Mississippi Code of 1972, is amended as follows:
69-24-3. This chapter shall
be administered by the Commissioner of Agriculture and * * * Forestry of the State of
Mississippi, hereinafter referred to as the commissioner, and the State Chemist
of Mississippi, as specified in the following sections.
SECTION 27. Section 69-25-1, Mississippi Code of 1972, is amended as follows:
69-25-1. For the purpose of this article, the following terms shall be construed, respectively, to mean:
Division of Plant Industry --
means the Bureau of Plant Industry within the Regulatory Office of the
Mississippi Department of Agriculture and * * * Forestry.
Insect pests -- means insects or other invertebrates injurious to plants and plant products.
Noxious weed -- means a plant species or classified group of plants declared by the Bureau of Plant Industry to be a public nuisance or to be especially injurious to the environment, to agricultural and horticultural production or to wildlife and which should be controlled and the dissemination of which prevented.
Plant diseases -- means fungi, bacteria, nematodes and viruses injurious to plants and plant products and the pathological condition in plants and plant products caused by fungi, bacteria, nematodes and viruses. This definition shall also include plants which are parasitic or partially parasitic on other plants such as "witch weed", Striga asiatica, a serious parasitic plant of corn and other members of the grass family.
Plants and plant products -- Trees, shrubs, seedlings, vines, forage and cereal plants, and all other plants; cuttings, grafts, scions, buds and all other parts of plants and fruits, vegetables, roots, bulbs, seeds, wood, timber and all other plant products.
Places -- Vessels, cars and other vehicles, buildings, docks, nurseries, orchards and other premises, where plants and plant products are grown, kept or handled.
Persons -- Individuals, associations, partnerships and corporations.
SECTION 28. Section 69-25-3, Mississippi Code of 1972, is amended as follows:
69-25-3. The State Plant
Board is abolished and its duties are transferred to the Commissioner of
Agriculture and * * * Forestry, and it shall henceforth be known as the
Bureau of Plant Industry.
There is created an Advisory Board to the Bureau of Plant Industry, composed of the following: the State Chemist; the head of the Entomology and Plant Pathology Department, Mississippi State University of Agriculture and Applied Science; the head of the Plant and Soil Science Department, Mississippi State University of Agriculture and Applied Science; Alcorn State University Director of Agriculture and Applied Sciences; and, for a period of two (2) years, the following: one (1) soil conservation district commissioner appointed by the commissioner; two (2) residents of Mississippi who engage in the production of any crop, appointed by the commissioner; one (1) resident of the State of Mississippi who is a commercial applicator holding a license issued under the rules and regulations of the Bureau of Plant Industry, appointed by the commissioner; one (1) resident of the State of Mississippi who is a restricted use pesticide registrant or an employee of such person, appointed by the commissioner; one (1) resident of the State of Mississippi who is either a wholesale or retail horticulturist, appointed by the commissioner, and one (1) resident of the State of Mississippi who is a licensed landscape contractor, appointed by the commissioner, who shall serve with no compensation and whose duties are to advise the commissioner on all matters regarding the Bureau of Plant Industry. The commissioner shall meet annually with the advisory board and the Director of the Bureau of Plant Industry. It is the intent and purpose of this section to maintain the domicile of this division of the Department of Agriculture and Commerce at Mississippi State University of Agriculture and Applied Science, Mississippi State, Mississippi.
SECTION 29. Section 69-25-5, Mississippi Code of 1972, is amended as follows:
69-25-5. The Commissioner
of Agriculture and * * * Forestry shall appoint a full-time executive
secretary and director, hereinafter called the "Director of the Bureau of
Plant Industry," whose office shall be at Mississippi State University of
Agriculture and Applied Science. The director shall serve at the will and
pleasure of the commissioner and shall receive a salary in an amount to be
determined by the commissioner. It shall be the duty of the director to
enforce the rules and regulations adopted by the commissioner and to perform
such other functions that may be assigned to him by the commissioner.
The Commissioner of
Agriculture and * * * Forestry and the Director of the Bureau of Plant
Industry shall appoint a full-time State Entomologist, who shall be a qualified
entomologist and whose office shall be at Mississippi State University of
Agriculture and Applied Science.
SECTION 30. Section 69-25-7, Mississippi Code of 1972, is amended as follows:
69-25-7. (1) The
Commissioner of Agriculture and * * * Forestry may conduct
inspections and promulgate and enforce quarantine regulations as may be
necessary in carrying out the provisions of this article.
(2) (a) The Commissioner
of Agriculture and * * * Forestry shall, from time to time, make rules and
regulations for carrying out the provisions and requirements of this article,
including rules and regulations under which his inspectors and other employees
shall:
(i) Inspect places, plants and plant products, and things, and substances used or connected therewith;
(ii) Investigate, control, eradicate and prevent the dissemination of insect pests, diseases and noxious weeds; and
(iii) Supervise or cause the treatment, cutting and destruction of plants and plant products and other things infested or infected therewith.
(b) No rule or regulation shall be effective unless first submitted to and approved by the advisory board established under the provisions of Section 69-25-3.
(c) The inspectors and employees employed by the commissioner may carry out and execute the regulations and orders of the commissioner and under direction of the commissioner carry out the provisions of this article.
(3) To carry out the provisions of this article, the commissioner or his representative may enter into compacts and memorandums of agreement and/or understanding with governmental agencies or private organizations. The Bureau of Plant Industry may establish statewide or regional cooperative weed management areas for any or all of the weeds listed as noxious under officially promulgated regulations. Under such authority, the Bureau of Plant Industry may serve as lead agency in establishing control and/or eradication programs for regulated pests and noxious weeds and actively seek grants and external resources to provide matching resources for other avenues of funding.
SECTION 31. Section 69-25-103, Mississippi Code of 1972, is amended as follows:
69-25-103. The Mississippi
Department of Agriculture and * * * Forestry shall have full and
plenary power to deal with Africanized honey bees (Apris mellifera scutellata)
and with American and European foul brood, and all other contagious or
infectious diseases and parasites of honey bees which, in its opinion, may be
prevented, controlled or eradicated; and shall have full power and is hereby
authorized to make, promulgate and enforce such rules, ordinances and
regulations and to perform such acts, through its agents or otherwise, as in
its judgment may be necessary to control, eradicate or prevent the
introduction, spread or dissemination of Africanized honey bees and all
contagious diseases of honey bees and parasites as far as may be possible and
all such rules, ordinances and regulations of said department shall have the
force and effect of law.
SECTION 32. Section 69-5-1, Mississippi Code of 1972, is amended as follows:
69-5-1. (1) The Department of Agriculture and Forestry shall be the Mississippi Fair Commission, and shall retain all powers and duties granted by law to the Mississippi Fair Commission. Wherever the term "Mississippi Fair Commission" appears in any law or regulation the same shall mean the Department of Agriculture and Forestry.
(2) The members of the Mississippi Fair Commission shall become an advisory council to the Department of Agriculture and Forestry regarding matters formerly under the jurisdiction of the Mississippi Fair Commission.
(3) In order to
promote agricultural and industrial development in Mississippi and to encourage
the farmers to grow better livestock and agricultural products, there is hereby
created * * * an advisory council to be hereafter
known as the "Mississippi Fair Commission," which said * * * council to be named by the
Governor as follows: The Commissioner of Agriculture and Commerce, chairman,
the Director of the Mississippi Extension Service, President of the Mississippi
Livestock Association, the Director of Mississippi Vocational Education, and a
representative of the Mississippi Association of Fairs, a representative
of the Agricultural and Industrial Board, and a representative of the City
Commission of Jackson, Mississippi, all to serve four (4) years without salary
compensation. Should a vacancy occur by resignation or death, the Governor
shall appoint a successor.
SECTION 33. Section 69-5-3, Mississippi Code of 1972, is amended as follows:
69-5-3. (1) The * * * Department of
Agriculture and Forestry shall set up rules and regulations consistent with
the law governing the distribution of state monies for premiums or awards. It
will be the duty of the * * *commission Commissioner of Agriculture and Forestry to
meet at the call of the chairman, at least twice each year, to approve premium
lists or awards, and give out rules governing participants in state premium
money in Mississippi. The commissioner may invite the presidents of the
various district livestock shows before the commissioner when
determining policies affecting district livestock shows.
(2) The * * * Department of
Agriculture and Forestry is hereby authorized to accept money or funds
donated to the * * *
department, including funds to be awarded as prizes in livestock
competition.
(3) The * * * Department of
Agriculture and Forestry shall have charge of the State Fairgrounds
located in Jackson, Mississippi, including all buildings and improvements
thereon, and shall have full power and authority in perfecting plans and
causing to be held thereon the Mississippi State Fair and other such
events that may be authorized by the * * * department.
(4) The * * * Department of
Agriculture and Forestry is hereby authorized to employ an attorney as
prescribed in Section 69-1-14.
(5) The * * * Department of
Agriculture, Commerce and Natural Resources may take any action authorized
in Section 1 of Laws 2000, Chapter 306.
(6) The * * * Department of
Agriculture and Forestry may allow a commercial, charitable or governmental
entity to use, publish and advertise such entity's name in connection with any
of the buildings, improvements or objects located on the State Fairgrounds in
Jackson, except for the Kirk Fordice Equine Center, or in connection with any
of the events conducted on the State Fairgrounds in return for a monetary
consideration paid to the * * *commission department. Those funds received from an
entity for allowing its name to be used, published or advertised in connection
with the buildings, improvements, objects or events shall be retained by the * * * department to be used for
capital improvements to the fairgrounds or in its annual operating budget. The * * * department shall not enter
into any such agreement with any vendor whose products are illegal for
participation in or use by persons eighteen (18) years of age and under.
(7) The * * * Commissioner of
Agriculture and Forestry is authorized to form and establish a private
foundation or nonprofit corporation to receive and disburse the funds generated
by the sale of naming rights described in subsection (6) of this section and
for any other donations made to the * * * department. The funds shall
be disbursed in accordance with guidelines described in this section, and the
foundation or nonprofit corporation shall be subject to the reporting
requirements described in subsection (10) of this section. All funds shall
remain with the foundation until disbursement and shall not be transferred to
the State General Fund. No public funds shall be deposited into the account of
the private foundation or nonprofit corporation established by the * * * Department of Agriculture and
Forestry for the benefit of the State Fairgrounds, nor shall the
Legislature appropriate any State General Fund or Special Fund monies to the
foundation or nonprofit corporation for such purposes. All monies received by
the foundation shall be maintained separately from funds allocated to the * * * Department of Agriculture and Forestry
for operating and administrative costs associated with the State Fairgrounds.
In addition to the reporting of information to be included in the annual
legislative report of the * * *commission department, the private foundation or
nonprofit corporation shall be subject to annual financial audits by the State
Auditor and by auditors of donors in the same manner as required for state
agencies.
(8) The * * * Department of Agriculture and
Forestry shall have the authority to enter into a lease or right-of-way
with a third party covering any land or buildings on the State Fairgrounds and
any funds generated from such lease or right-of-way shall remain in a special
fund managed by the * * *
department. All monies in the special fund may be used for capital
improvements to the State Fairgrounds or in the * * * department's annual operating
budget. Any unexpended funds remaining in the special fund shall not lapse
into the State General Fund, and any interest earned or investment earnings on
amounts in the fund shall be deposited in the fund.
(9) The * * * Department of
Agriculture and Forestry is hereby authorized, with the advice of the
Mississippi Fair Commission, to adopt such rules and regulations as may be
necessary or desirable to carry out, execute or implement the provisions of
this article.
(10) The * * * Department of
Agriculture and Forestry shall report by January 1 of each year a detailed
financial statement of all monies received and expended under subsection (6)
and subsection (7) of this section to the Lieutenant Governor, the Speaker of
the House of Representatives and the Chairman of the Senate Agriculture
Committee and the Chairman of the House of Representatives Agriculture
Committee.
SECTION 34. Section 69-5-5, Mississippi Code of 1972, is amended as follows:
69-5-5. The * * * Department of Agriculture and
Forestry shall be required to * * * give full and detailed reports of livestock shows and fairs
participating in premium monies, for report to the Governor and Legislature.
SECTION 35. Section 69-5-7, Mississippi Code of 1972, is amended as follows:
69-5-7. Headquarters of the
Mississippi State Fair * * * operations shall be in
connection with the office of the * * * Department
of Agriculture and Forestry.
SECTION 36. Section 69-5-8, Mississippi Code of 1972, is amended as follows:
69-5-8. The building under
the jurisdiction of the * * *Mississippi Fair Commission Department of Agriculture and
Forestry, that is located in Jackson, Mississippi, and used primarily as an
arena for rodeo and livestock expositions and related events, shall be named
the Kirk Fordice Equine Center. The * * * Department of
Agriculture and Forestry shall prepare or have prepared a distinctive
plaque, to be placed in a prominent place within the Kirk Fordice Equine
Center, that states the background, accomplishments and service to the state of
Governor Kirk Fordice.
SECTION 37. Section 69-5-11, Mississippi Code of 1972, is amended as follows:
69-5-11. (1) The * * *
Department of Agriculture and Forestry shall charge for admission to the
State Fair. The proceeds thereof shall be used for the repayment of revenue
bonds issued for the purpose of constructing, equipping and furnishing new
buildings and making improvements on the State Fairgrounds.
(2) Funds collected in
excess of those required to retire any outstanding bond indebtedness may be
used as operating revenue for the * * * Department of
Agriculture and Forestry, and such excess funds received by the * * * department shall be
deposited in its special fund account.
(3) The State Treasurer is
hereby directed to invest such excess funds to the credit of the * * * Department of
Agriculture and Forestry's special account.
SECTION 38. Section 69-5-13, Mississippi Code of 1972, is amended as follows:
69-5-13. The * * * Department of
Agriculture and Forestry is hereby authorized and empowered, in its
discretion, to declare by resolution the number and type buildings which need
to be constructed and the type improvements that need to be made on the state
fairgrounds, and file a certified copy of said resolution with the State
Building Commission. If the State Building Commission believes such
construction and improvements to be in the best public interest, and that
receipts from admission to the State Fair reasonably shall be expected to produce
sufficient revenues over a period not to exceed twenty (20) years to retire
bonds issued to pay the cost of such improvements as well as the interest
thereon, it may, in its discretion, approve the request of the * * * Department of
Agriculture and Forestry.
SECTION 39. Section 49-2-4, Mississippi Code of 1972, is amended as follows:
49-2-4. (1) There is hereby created the Mississippi Department of Environmental Quality whose offices shall be located in Jackson, Mississippi.
(2) The department shall be headed by an executive director who shall be appointed by and serve at the pleasure of the Governor. The appointment of the executive director shall be made with the advice and consent of the Senate. The executive director may assign to the appropriate bureaus such powers and duties as deemed appropriate to carry out the department's lawful functions. The executive director shall have the following minimum qualifications:
(a) A master's degree in a field related to natural resources, and at least six (6) years' full-time experience in natural resources, including at least three (3) years of management experience; or
(b) A bachelor's degree in a field related to natural resources or administration and at least eight (8) years of full-time work in the field of natural resources, including four (4) years of management experience.
(3) On July 1, 2016, the powers, duties and responsibilities of the Mississippi Soil and Water Commission and the Board of Registered Geologists shall be transferred to the Mississippi Department of Environmental Quality.
(4) On July 1, 2016, all duties, responsibilities, authority, power, assets, liabilities, contractual rights and obligations and property rights, whether accruing or vesting in the transferred agencies before or after July 1, 2016, are vested in the Mississippi Department of Environmental Quality. All employees of the transferred agencies or division of agencies holding positions on July 1, 2016, shall be employees of the Mississippi Department of Environmental Quality. The Executive Director of the Mississippi Department of Environmental Quality shall be authorized to combine or abolish employee positions as necessary to carry out the provisions of this act, and the executive director is authorized to reorganize such offices, services, programs or other activities so as to achieve economy and efficiency and if the executive director finds such action to be in the public interest.
SECTION 40. Section 49-2-7, Mississippi Code of 1972, is amended as follows:
49-2-7. * * * (1) The Executive
Director of the Department of Environmental Quality may assign to the
appropriate offices any powers and duties deemed appropriate to carry out the
lawful duties of the department prescribed in this chapter.
The * * * Department
of Environmental Quality shall include the following offices:
(a) Office of Geology and Energy Resources;
(b) Office of Land and
Water Resources; * * *
(c) Office of
Pollution Control * * *;
(d) Office of Soil and Water Conservation; and
(e) Office of Registered Professional Geologists.
Each office shall be composed of the administrative units set forth in the consolidation plan adopted by the commission, subject to changes by the executive director, with approval of the commission, as hereinafter set forth.
(2) The department is designated as the single state department to receive and expend any federal funds being received or expended by any agency transferred to the department by Chapter 484, Laws of 1978, and to receive and expend any federal funds made available for matters within the jurisdiction of the department.
(3) The department shall be responsible for conserving, managing, developing and protecting the natural resources of the State of Mississippi within the jurisdiction of the department, with the exception of functions of the Office of Recreation and Parks. The department shall coordinate all functions of state government related to natural resources within the jurisdiction of the department. The department shall not exercise any of its authority or powers granted under the provisions of this section in a manner which would be inconsistent with the provisions of Section 29-1-1.
SECTION 41. Section 49-19-1, Mississippi Code of 1972, is amended as follows:
49-19-1. (1) The Department of Agriculture and Forestry shall be the Mississippi Forestry Commission and shall retain all powers and duties granted by law to the Forestry Commission. The Mississippi Department of Agriculture and Forestry is vested with full power to manage, control, supervise and direct all matters pertaining to forestry under the jurisdiction of the Forestry Commission. All powers, duties, employees, equipment, funds and resources of the Forestry Commission shall be transferred to the Department of Agriculture and Forestry.
(2) The Commissioner of the Department of Agriculture and Forestry shall have the authority to internally reorganize the Department of Agriculture and Forestry. For a period of one (1) year after July 1, 2016, the personnel actions of the commissioner initiated as a result of the transfer of the Forestry Commission shall be exempt from State Personnel Board rules, regulations and procedures in order to give the commissioner flexibility in making an orderly, effective and timely reorganization of the Department of Agriculture and Forestry.
(3) Whenever the terms "Forestry Commission," "State Forestry Commission" and "Mississippi Forestry Commission" appear in any state law, the terms shall mean the "Department of Agriculture and Forestry."
(4) For the purposes of Chapter 19 of Title 49 of the Mississippi Code of 1972, the following terms shall have the meanings ascribed to them in this section:
(a) "Commissioner" means the Commissioner of Agriculture and Forestry.
(b) "Department" means the Department of Agriculture and Forestry.
(5) From and after July 1, 2016, the State Forestry Commission shall be an advisory council to the Mississippi Department of Agriculture and Forestry and shall make recommendations to the department regarding the forestry industry in Mississippi as prescribed in this chapter.
( * * *6) There shall be a State Forestry
Commission composed of ten (10) members, who shall be qualified electors of the
state. The Dean of the School of Forest Resources at Mississippi State
University shall be an ex officio member of the commission, with full voting
authority. The chairman of the advisory committee to the Mississippi Institute
for Forest Inventory shall be an ex officio nonvoting member of the
commission. The Governor shall appoint eight (8) members, with the advice and
consent of the Senate, for a term of six (6) years. The Governor shall appoint
one (1) member from each congressional district as constituted at the time the
appointments are made and shall appoint the remainder of the members from the
state at large. A member from a congressional district must be a certified
tree farmer who owns eighty (80) or more acres of forest land or a person who
derives a major portion of his personal income from forest-related business,
industry or other related activities. Members of the commission from the state
at large may or may not possess the same qualifications as members appointed
from the congressional districts.
( * * *7) The members of the commission shall
receive no annual salary but each member of the commission shall receive a per
diem plus expenses and mileage as authorized by law for each day devoted to the
discharge of official duties. No member of the commission shall receive total
per diem in excess of twenty-four (24) days' compensation per annum.
( * * *8) If a vacancy occurs in the office
of an appointed member of the commission, the vacancy shall be filled by
appointment for the balance of the unexpired term.
( * * *9) The commission shall elect from its
membership a chairman, who shall preside over meetings, and a vice chairman,
who shall preside in the absence of the chairman or when the chairman is
excused.
( * * *10) The commission shall adopt rules
and regulations governing times and places for meetings, and governing the
manner of conducting its business. Each member of the commission shall take
the oath prescribed by Section 268 of the Mississippi Constitution of 1890 and
shall enter into a bond in the amount of Thirty Thousand Dollars ($30,000.00)
to be approved by the Secretary of State, conditioned according to law and
payable to the State of Mississippi before assuming the duties of office.
SECTION 42. Section 49-19-3, Mississippi Code of 1972, is amended as follows:
49-19-3. (1) The
duties and powers of the Commissioner of Agriculture and Forestry shall
be: * * *
to appoint a State Forester, who shall serve at the will and pleasure of the
commissioner and who is qualified to perform the duties as set forth
herein; * * * and allow him
such office expenses incidental to the performance of his official duties as
the commissioner, in * * * his discretion, may deem necessary;
and to charge him with the immediate direction and control, subject to the
supervision and approval of the commissioner, of all matters relating to
forestry as authorized herein. The State Forester shall be the head of the
Forestry office of the department. Any person appointed * * * as State Forester shall have
received a bachelor's degree in forestry from an accredited school or college
of forestry and shall be licensed and registered under the provisions of the
Mississippi Foresters Registration Law (Section 73-36-1 et seq.) and in
addition shall have had at least five (5) years' administrative experience in a
forestry-related field.
(2) The Department of Agriculture and Forestry shall have the following powers and duties:
( * * *a) To take such action and provide and
maintain such organized means as may seem necessary and expedient to prevent,
control and extinguish forest fires, including the enforcement of any and all
laws pertaining to the protection of forests and woodland.
( * * *b) To encourage forest and tree
planting for the production of a wood crop, for the protection of water supply,
for windbreak and shade, or for any other beneficial purposes contributing to
the general welfare, public hygiene and comfort of the people.
( * * *c) To cause to be made such technical
investigations and studies concerning forest conditions, the propagation, care
and protection of forest and shade trees, the care and management of forests,
their growth, yield and the products and by-products thereof, and any other
competent subject, including forest taxation, bearing on the timber supply and
needs of the state * * *.
( * * *d) To assist and cooperate with any
federal or state department or institution, county, town, corporation or
individual, under such terms as in the judgment of the commissioner will
best serve the public interest, in the preparation and execution of plans for
the protection, management, replacement, or extension of the forest, woodland
and roadside or other ornamental tree growth in the state.
( * * *e) To encourage public interest in
forestry by means of correspondence, the public press, periodicals, the
publication of bulletins and leaflets for general distribution, the delivery of
lectures in the schools and other suitable means, and to cooperate to the
fullest extent with the extension department services of the state colleges in
promoting reforestation. It shall be the duty of the State Forester to
cooperate with private timber owners in laying plans for the protection,
management and replacement of forests and in aiding them to form protection
associations. It shall be his duty to examine all timbered lands belonging to
the state and its institutions and report to the * * * department upon their timber
conditions and actual value, and also whether some of these lands may not be
held as state forests. He shall be responsible for the protection and
management of lands donated, purchased or belonging to the state or state
institutions, and all other lands reserved by the state as state forests.
( * * *f) To control the expenditure of any
and all funds appropriated or otherwise made available for the several purposes
set forth * * *.
( * * *g) To submit annually to the
Legislature a report of the expenditures, proceedings and results achieved,
together with such other matters including recommendations concerning
legislation as are germane to the aims and purposes of this chapter.
( * * *h) To create, establish and organize
the State of Mississippi into forestry districts for the most effective and
efficient administration of * * * this chapter.
* * *
SECTION 43. Section 49-19-5, Mississippi Code of 1972, is amended as follows:
49-19-5. The * * * department may acquire and dispose of property
of all kinds in accordance with the provisions of Section 29-1-1, in order to
discharge the duties as set forth in Section 49-19-3, and subsequent germane
general laws of the State of Mississippi. It is further authorized to sell,
rent, lease, and dispose of any property acquired * * *, all property to be sold or
disposed of shall be sold or disposed of in the manner provided by law for the
sale or disposition of surplus property by other state agencies. Any funds
received from the sale, rental or lease of any property herein authorized, to
be acquired, shall be paid into the State Treasury to the credit of a special
account, and the * * * department may use this
fund for the replacement, repairs, and upkeep of any property authorized to be
acquired and owned under this section.
SECTION 44. Section 49-19-7, Mississippi Code of 1972, is amended as follows:
49-19-7. (1) The * * * department
shall keep itself informed as to the known varieties of pine beetles and other
timber insect pests and diseases, the origin, locality, nature and appearance
thereof, the manner in which they are disseminated, and approved methods of
treatment, control and eradication. The * * * department shall,
from time to time, make rules and regulations for carrying out the
provisions and requirements of this section, including rules and regulations
under which its employees shall ( * * *a) inspect places, timber, and timber
products, and other things and substances used or connected therewith, ( * * *b) investigate, control, eradicate and
prevent the dissemination of pine beetles and other timber insect pests and
diseases, and ( * * *c)
supervise or cause the treatment, cutting and destruction of timber or timber
products and other things infested or infected therewith. The * * * department's employees shall
have authority to carry out and execute the regulations and orders of the
commissioner and shall have authority * * * to carry
out provisions of this section.
(2) The * * * department
and its employees shall have the authority to enter upon any and all
timberlands for the purpose of carrying out the provisions of this section.
(3) All known varieties of
pine beetles and other insect pests and diseases infesting or infecting or
likely to infest or infect timber or timber products in this state shall be
listed by the * * * department, and every such variety of
pine beetle and every such insect pest or disease listed and all timber and
timber products infested or infected therewith are hereby declared to be a
public nuisance.
(4) Before entering upon
any lands for the purpose of removing any infested or infected timber having a
value in excess of One Hundred Dollars ($100.00), where the owner of such land
will not cause the removal of such infested or infected timber, the Forestry
Commission shall first secure an order of the chancery court in termtime or in
vacation authorizing the * * * commission department to effect such removal. Process
on any resident owner in any such proceeding shall be served as other process,
and process on any nonresident owner shall be had by mailing such process by
registered mail, return receipt requested, to the last-known address of
such nonresident or by publication in three (3) weekly issues of a
newspaper published in the county where such timberland is located if no
mailing address is known. Any hearing under provisions of this section may be
set at any time five (5) days after date of service of process, or in
case of publication five (5) days after completion of such publication.
(5) It is the purpose of
this section to authorize and empower the * * * department to
control disease or insect infections or infestations in timber and timber
products within this state. * * *
Use of the word "timber" shall be deemed to refer to such trees as
are normally used in the manufacture of lumber and the term "timber
products" shall be deemed to refer to products manufactured from such
trees normally used in the manufacture of lumber.
SECTION 45. Section 49-19-9, Mississippi Code of 1972, is amended as follows:
49-19-9. (1) The * * * department is
hereby authorized to extend fire protection services to the Choctaw Indian
lands located in Attala, Kemper, Leake, Neshoba, Newton, Jones and Scott
Counties, Mississippi.
(2) The * * * department is
authorized to accept from the Choctaw Agency adequate compensation for fire
detection and suppression, which sum may be used by the * * * department in its
fire protection work.
SECTION 46. Section 49-19-11, Mississippi Code of 1972, is amended as follows:
49-19-11. The * * * department is
hereby authorized to protect intermingled or adjacent state owned lands in the
same manner and form as other lands within the state and the expenses thereof
may be paid out of any appropriation made to the * * * department;
provided such expenditures are not greater per acre in any year than the
expenditures by the * * * department on account of the protection of any
other lands than that owned by the State of Mississippi.
* * * This section shall not be
applicable to the protection of established state parks, state forests or other
state owned lands when increased expenditure may be necessary for the
protection thereof in the opinion of the * * * department.
It is hereby made the duty
of all agents and employees of the * * * department to
report * * * any timber or other trespass discovered by such agent or
employees on state owned lands giving detailed information thereof in such
report.
SECTION 47. Section 49-19-15, Mississippi Code of 1972, is amended as follows:
49-19-15. The State
Forestry Fund, when made available by proper appropriation by the
Legislature, shall be expended by the * * * department in carrying out
and enforcing all laws pertaining to the protection of forests as the * * * department may direct, the
vouchers to be drawn and paid as by other departments of the state.
SECTION 48. Section 49-19-21, Mississippi Code of 1972, is amended as follows:
49-19-21. All monies
received from the United States government for protection of forest lands, for
reforestation of denuded areas, for extension of national forests, and to
promote the continuous production of timber shall be credited to said State
Forestry Fund, and expended by the * * * department as is directed by
the federal government.
SECTION 49. Section 49-19-25, Mississippi Code of 1972, is amended as follows:
49-19-25. ( * * *1) Any fire on any forested, cutover,
brushlands or grasslands burning uncontrolled is hereby declared a public
nuisance by reason of its menace to life and property. Any person, firm or
corporation negligently or * * * willfully and maliciously
responsible for the starting or the existence of such fire on land other than
his own is hereby required to control or extinguish it immediately, and if said
person, firm or corporation shall * * * willfully refuse, neglect or
fail to do so, any organized fire suppression agency recognized by the * * * department,
may summarily abate the nuisance thus constituted by controlling or
extinguishing the fire. The cost of abating such nuisance, with all costs and
reasonable attorney's fees to be allowed by the court, may be recovered from
the person, firm or corporation responsible for such nuisance by civil action
in the proper court, action for said recovery to be filed by the agency abating
the nuisance. This section shall not impair any remedy now allowed by law.
( * * *2) Any open cistern or well, which has
been abandoned or is no longer used for the purpose of a cistern or well is
hereby declared to be a public nuisance by reason of its menace to life and
property, and the * * * department is hereby
authorized to seal such cistern or well upon request of the landowner. A
reasonable fee shall be charged for this purpose and all fees collected shall
be handled in the same manner as other service charges collected by the * * * department.
SECTION 50. Section 49-19-65, Mississippi Code of 1972, is amended as follows:
49-19-65. It shall be the
duty of the * * * department to give general publicity
throughout the state to Sections 49-19-51 through 49-19-75 and post notices
covering such sections in at least three (3) public places in each county, one
(1) of which shall be posted on the bulletin board at the front door of the
courthouse in each of the counties.
SECTION 51. Section 49-19-67, Mississippi Code of 1972, is amended as follows:
49-19-67. Sections 49-19-51
through 49-19-75 shall not apply to nor shall it prohibit the clearing of land
for bona fide use in crop production, nor the clearing of land for pasture
purposes where such pasture is enclosed with a standard wire fence of two (2)
or more strands, nor to the clearing for building sites, right-of-ways for
roads, power or communication lines or similar uses; nor shall such sections
apply to individuals cutting timber from their own lands for their own personal
use where there is no sale, commercial gain or profit involved, nor those
special cases where permission is obtained in writing from the * * * department
for the emergency removal of storm or disease damaged timber.
SECTION 52. Section 49-19-71, Mississippi Code of 1972, is amended as follows:
49-19-71. It shall be the
duty of the * * * department
to enforce the terms and provisions of Sections 49-19-51 through 49-19-75 and
to that end * * * the department is
authorized to enter upon any and all forestry lands to make such inspection and
investigation as may be necessary for the proper enforcement of * * * those sections and, in addition to
the other remedies, conferred by such sections or other laws of the state,
the * * * department is hereby authorized to enter suit on
behalf of the state to enjoin any person, partnership, firm, association or
corporation from violating any of the terms and provisions of such sections and
in such suits the * * * department shall not be required to give bond, and * * * is also authorized to
employ inspectors and such other help as may be necessary for the effective
carrying out of the intent and purposes of such sections.
SECTION 53. Section 49-19-73, Mississippi Code of 1972, is amended as follows:
49-19-73. In order to more
adequately enforce the provisions of Sections 49-19-51 through 49-19-75, it is hereby
made the duty of each sheriff, constable, conservation officer, district
attorney and county prosecuting attorney to make, from time to time, inquiry as
to any violation of Sections 49-19-51 through 49-19-75 and to promptly report
any violation to the * * * department and further to assist
the * * *
department, its officers and employees in enforcing any of the
provisions of * * * such sections and in prosecuting any violations * * *. It shall be the duty of the various
circuit judges at each convening of the grand jury to call the grand jurors'
attention to such sections and to charge them to fully investigate any
violations thereof.
SECTION 54. Section 49-19-111, Mississippi Code of 1972, is amended as follows:
49-19-111. For the purpose
of providing assistance to all farm woodland and timber landowners in the
state, including private ownership, and to promote the growing, managing and
harvesting of timber thereon, and to provide organized forest fire protection
in all counties, and to encourage the production and growth of timber on all
lands suitable therefor, and for the better management thereof, and to
encourage greater private ownership and promote forest education and timber management
and forest fire control, the * * * department is
hereby authorized to carry out the provisions of Sections 49-19-111 through 49-19-117.
SECTION 55. Section 49-19-113, Mississippi Code of 1972, is amended as follows:
49-19-113. In order to
carry out further the program herein authorized, the * * * department
is hereby authorized to organize, divide or set up forest districts and areas
throughout the state * * *. The districts and areas shall be so organized,
divided or set up in accordance with the distribution of forestland and the
location of political boundaries as to best serve the interest of the state as
a whole. The * * * department shall appoint a district forester and
assistant district forester for each district and shall appoint an area
forester for each forest area, all of whom shall be charged with the duty of
directing forestry education, timber management, forest fire control and other
necessary forestry conservation activities and practices as the * * * department shall deem
necessary.
SECTION 56. Section 49-19-115, Mississippi Code of 1972, is amended as follows:
49-19-115. (1) The board
of supervisors of all counties are hereby directed to levy a special tax to be
known as "the forest acreage tax." Such tax shall be Two Cents (2¢)
per acre on all timbered and uncultivatable lands in the county in order to
receive the financial and supervisory cooperation of the * * * department in
carrying out organized forest fire control and other provisions of Sections 49-19-111
through 49-19-117.
(2) In addition to the tax levied under subsection (1) of this section, the board of supervisors of all counties are hereby directed to levy an additional forest acreage tax on all timbered and uncultivatable lands in the county beginning October 1, 1989, and continuing for three (3) succeeding years in the following amounts:
Total Acreage
Increase Tax
Fiscal year ending
September 30, 1990.................. 3¢ per acre 5¢ per acre
Fiscal year ending
September 30, 1991.................. 2¢ per acre 7¢ per acre
Fiscal year ending
September 30, 1992.................. 2¢ per acre 9¢ per acre
Upon completion of the third year, the total acreage tax shall remain at the Nine Cents (9¢) per acre per year.
(3) Uncultivatable lands shall not include bogs, unreclaimed strip mine areas, coastal beach sands, tidal and freshwater marshes, beaver ponds and flood or flowage easements.
(4) Those homeowners described in Section 27-33-67(2), who qualify for the exemptions allowed in Article 1, Chapter 33, Title 27, Mississippi Code of 1972, shall be exempt from any forest acreage tax levied pursuant to this section.
(5) The provisions of this section and the tax levy required herein shall not be applicable to any counties which were not levying such forest acreage tax on January 1, 1989.
(6) This section shall be repealed on June 30, 2016.
SECTION 57. Section 49-19-117, Mississippi Code of 1972, is amended as follows:
49-19-117. (1) All forest
acreage taxes assessed and collected by such levy as provided for in Section 49-19-115
shall be remitted to the forest acreage account in the State Treasury and shall
be expended by the * * * department
in carrying out the purpose and intent of Sections 49-19-111 through 49-19-117.
(2) The * * * department is
hereby authorized to use state funds appropriated for the purpose of Sections
49-19-111 through 49-19-117 in addition to any funds made available from county
forest acreage taxes, federal funds and other sources.
(3) The * * * department is
hereby authorized to expend the funds herein provided in such manner as to most
effectively carry out the provisions of Sections 49-19-111 through 49-19-117.
The forest acreage tax levied at the rate of Two Cents (2¢) per acre under
Section 49-19-115(1) shall be utilized on an economical and practical basis in
order to foster, encourage, promote and bring about forestry education, timber
management and organized forest fire control throughout the State of
Mississippi. The additional forest acreage tax levied under Section 49-19-115(2)
shall be utilized by the * * * State Forestry Commission department to purchase fire
support equipment, including transport trucks, tractors and other related fire
support equipment. The additional forest acreage tax levied under Section 49-19-115(2)
shall be appropriated under the appropriation process.
SECTION 58. Section 49-19-205, Mississippi Code of 1972, is amended as follows:
49-19-205. For purposes of Sections 49-19-201 through 49-19-227, the following words shall have the meaning ascribed herein unless the context requires otherwise:
(a) " * * *Department" * * * means the * * * Department of
Agriculture and Forestry.
(b) "State
Forester" * * *
means the forester appointed by the * * * Commissioner of Agriculture and
Forestry.
(c) "Eligible
owner" * * *
means either (i) a private individual, group or association, or (ii) an
agency of state, local or municipal government, but the term shall not mean or
include private corporations manufacturing products or providing public utility
services of any type or any subsidiary of such corporations; provided, however,
only one (1) owner of land owned in joint tenancy or tenancy in common and only
one (1) member or officer of any group or association shall be eligible to
apply for or receive cost-share assistance to be expended for development of
any or all lands owned by such owners or group or association.
(d) "Eligible
lands" * * *
means (i) nonindustrial private lands owned by a private individual,
group or association, and (ii) lands owned by the State of Mississippi or any
political subdivision thereof, but shall not include lands owned by private
corporations which manufacture products or provide public utility services of
any type or any subsidiary of such corporations.
(e) "Cost-share
assistance" * * * means the partial financial assistance in such amounts
as the * * *
department, in its discretion, shall determine, subject to the
limitations of Sections 49-19-201 through 49-19-227.
(f) "Approved
practice" * * *
means and include planting, seeding, timber stand improvement,
prescribed burning, site preparation, systematic planting of hardwood trees for
game preservation and development, or such other forest resource development
practice as the * * * department shall approve or determine proper
generally or with regard to any particular applicant.
(g) "Forest
development fund" * * * means the special fund established in the State
Treasury, designated as the Forest Resource Development Fund, created by
Section 49-19-227.
SECTION 59. Section 49-19-207, Mississippi Code of 1972, is amended as follows:
49-19-207. The * * * department shall serve as
administrator of the provisions of Sections 49-19-201 through 49-19-227, and
shall serve as the disbursing agency for funds to be expended from and
deposited to the credit of the forest development fund.
SECTION 60. Section 49-19-211, Mississippi Code of 1972, is amended as follows:
49-19-211. The * * * department shall adopt and
promulgate such rules and regulations as are necessary for the implementation
of Sections 49-19-201 through 49-19-227. The * * * department may
conduct public hearings or otherwise seek the advice, counsel and
recommendations of interested owners, associations, industrialists or other
persons or groups. Adequate notice of any public hearing must be provided
within the general area of the site of the hearing.
The * * * department shall publish
such rules and regulations and shall make the same available upon request.
SECTION 61. Section 49-19-213, Mississippi Code of 1972, is amended as follows:
49-19-213. The * * * department may
use the money in the forest development fund to assist in implementing approved
practices, on a cost-sharing basis as provided in Sections 49-19-201 through 49-19-227,
on eligible lands in the State of Mississippi. However, no cost-share
assistance shall be provided an eligible owner to implement any approved
practice on any land or lands if the owner receives federal funds for such
practice and is using such federal funds for any forest resource development
practice on said land or lands. Eligible owners may use federal funds on other
lands.
SECTION 62. Section 49-19-215, Mississippi Code of 1972, is amended as follows:
49-19-215. (1) The * * * department shall actively
and diligently encourage all eligible owners to use their own resources or to
employ the resources of private vendors to implement approved practices.
(2) The * * * department shall not enter
into active competition with eligible owners or private vendors for the on-the-ground
job of implementing any approved practice as it is the intent of the
Legislature to encourage private business, forest industries and the forestry
community to participate in the economic development which will be provided by
Sections 49-19-201 through 49-19-227.
SECTION 63. Section 49-19-217, Mississippi Code of 1972, is amended as follows:
49-19-217. If an eligible
owner cannot provide his own resources or procure a private vendor to implement
any approved practice, the * * * department, in its
discretion, may act as vendor by utilizing employees, equipment, materials and
supplies of the * * * department. In such event, the * * * department shall charge the
eligible owner a sum equal to the established rate of the * * * department for providing
such service. Payments for such charge shall be collected, received, and
recorded in the same manner as other sales and services funds received by the * * * department.
SECTION 64. Section 49-19-219, Mississippi Code of 1972, is amended as follows:
49-19-219. The * * * department shall have the
following powers and duties to implement the provisions of Sections 49-19-201
through 49-19-227:
(a) To determine which approved practices shall be eligible for cost-share assistance;
(b) To establish maximum sums, subject to the provisions of Section 49-19-221, which any one (1) eligible owner may receive for implementation of an approved practice;
(c) To review
periodically the costs of forest development practices and to make such
adjustment as, in the discretion of the * * * department, is necessary in
the Thirty-seven Dollars and Fifty Cents ($37.50) per acre assistance allowed
in Section 49-19-221;
(d) Upon request of
the * * * department, the Attorney General of the State of
Mississippi shall institute proper legal proceedings to recover any or all of
the cost-share assistance provided an eligible owner if the * * * department shall determine
that the owner failed to implement any portion of or all of the practice
approved by the * * * department for such owner and if the * * * department determines that
legal proceedings are necessary and proper * * *;
(e) To determine,
before approving any cost-share assistance for any eligible owner that such
approved practice is reasonable and is comparable to the actual cost of
implementing such practice in the general area in which the land is located.
Should the * * *
department determine that the submitted cost of implementing the
approved practice is not reasonable, the * * * department shall approve
cost-share assistance in an amount which is determined by the * * * department to be reasonable
for the implementation of the approved practice in the general area in which
the land is located.
SECTION 65. Section 49-19-221, Mississippi Code of 1972, is amended as follows:
49-19-221. (1) An eligible
owner shall receive cost-share assistance as the * * * department, in its
discretion, shall determine and approve, but the * * * department shall approve no
assistance in an amount which exceeds either (a) a sum equal to seventy-five
percent (75%) of the owner's actual cost incurred in implementing the approved
practice approved by the * * * commission department for that owner on a particular
tract of land or lands, except that with respect to sixteenth section school
trust lands the * * * department may approve up to one hundred percent
(100%) cost-share for any school district that has less has than Ten Thousand
Dollars ($10,000.00) in its Forestry Escrow Fund, or (b) a sum equal to Thirty-seven
Dollars and Fifty Cents ($37.50) per acre of land on which the approved
practice is implemented by the owner; provided, however, that no eligible
owner, in any one (1) fiscal year, shall receive a sum total for all approved
practices implemented by the owner of more than Ten Thousand Dollars
($10,000.00); except that with respect to sixteenth section trust lands the * * * department, at its
discretion, may exceed * * * the monetary limit in order to provide a total forest
improvement program within any county.
(2) The limitation of
Thirty-seven Dollars and Fifty Cents ($37.50) per acre, as set forth in * * * paragraph (b) of subsection (1) of
this section, may be changed by the * * * department pursuant to the
authorization of * * *
paragraph (c) of Section 49-19-219.
(3) During the reforestation of sixteenth section school trust lands classified as forestlands, no more than an average of twenty-five percent (25%) of Forest Resource Development Program funds will be spent on the reforestation of these school trust lands.
(4) It is the intent of
this section that the * * * department by 1995 bring to
maximum productivity all sixteenth section land.
SECTION 66. Section 49-19-223, Mississippi Code of 1972, is amended as follows:
49-19-223. (1) Any
eligible owner who wishes to receive cost-share assistance shall file an
application with the * * * department stating the practice to be implemented,
the approximate cost of such practice and a description of the land or lands
upon which the practice is to be implemented. The application shall be
accompanied by a statement of intent stating (a) that the owner intends to
utilize the cost-share assistance for long-range timber growing and
improvement, (b) that the owner is not receiving or using federal funds for
implementation of any approved practice on the same acre of land or lands
described in the application, and (c) that the owner if an owner in joint
tenancy or tenancy in common or if a member of a group or association owning
the lands, has no knowledge of any application which has been filed for cost-share
assistance to be used on the lands described in the application.
(2) The * * * department, upon completion
of the approved practice, shall tender all approved sums of the cost-share
assistance to the owner.
SECTION 67. Section 49-19-225, Mississippi Code of 1972, is amended as follows:
49-19-225. Any agency,
department, board, commission or other subdivision of government of the State
of Mississippi or any political subdivision thereof is authorized to implement
an approved practice on any lands suitable for forestry purposes owned by such
political entity or owned by the State of Mississippi and supervised or managed
by such entity. The governing authorities of such entity shall engage the
assistance of the county forester of the county in which the land is located in
the preparation of an application for submission to the * * * department. The * * * department shall treat any
such political entity as an individual owner for purposes of considering
applications, granting cost-share assistance and approving the practice
implemented.
SECTION 68. Section 49-19-227, Mississippi Code of 1972, is amended as follows:
49-19-227. There is hereby
created in the State Treasury a special fund to be designated the Forest
Resource Development Fund, fiscal management and responsibility for which is
hereby vested in the * * * department and which shall consist
of that portion of the privilege tax on timber and timber products as
authorized by Section 27-25-11, Mississippi Code of 1972, and any funds
appropriated specifically therefor by the Legislature. The Legislature shall
appropriate such sums as it may deem necessary including any proceeds of
general obligation bonds which may be authorized by the Legislature for the
support of the Forest Resources Development Program provided for under Sections
49-19-201 through 49-19-227. Those funds appropriated by the Legislature
remaining in the special fund at the end of any fiscal year shall lapse into
the General Fund, but other funds shall remain in the special fund.
SECTION 69. Section 49-19-305, Mississippi Code of 1972, is amended as follows:
49-19-305. As used in Sections 49-19-301 through 49-19-307, unless the context requires otherwise:
(a) "Prescribed burning" means the controlled application of fire to naturally occurring vegetative fuels for ecological, silvicultural and wildlife management purposes under specified environmental conditions and the following of appropriate precautionary measures which cause the fire to be confined to a predetermined area and accomplishes the planned land management objectives.
(b) "Certified
prescribed burn manager" means an individual or county forester who
successfully completes the certification program approved by the * * * Department
of Agriculture and Forestry.
(c) "Prescription" means a written plan for starting and controlling a prescribed burn to accomplish the ecological, silvicultural and wildlife management objectives.
(d) "Department" means the Department of Agriculture and Forestry.
SECTION 70. Section 49-19-307, Mississippi Code of 1972, is amended as follows:
49-19-307. (1) No property owner or his agent, conducting a prescribed burn pursuant to the requirements of this section, shall be liable for damage or injury caused by fire or resulting smoke unless negligence is proven.
(2) Prescribed burning conducted under the provisions of this section shall:
(a) Be accomplished only when at least one (1) certified prescribed burn manager is supervising the burn or burns that are being conducted;
(b) Require that a written prescription be prepared and notarized prior to prescribed burning;
(c) Require that a burning
permit be obtained from the * * * department;
and
(d) Be considered in the public interest and shall not constitute a public or private nuisance when conducted pursuant to state air pollution statutes and rules applicable to prescribed burning.
(3) The * * * department
shall have the authority to promulgate rules for the certification of
prescribed burn managers and guidelines for a prescribed burn prescription.
(4) Nothing in this section shall be construed to limit the civil or criminal liability as provided in Section 97-17-13 and Section 95-5-25, Mississippi Code of 1972.
SECTION 71. Section 49-19-351, Mississippi Code of 1972, is amended as follows:
49-19-351. (1) In this
section, "department" means the Department of Agriculture and
Forestry and "drought or wildfire conditions" means the existence
of a deficit of moisture creating severe conditions with increased wildfire
occurrences as determined by the * * * department
through use of drought indices or models or the existence of extreme wildfire
conditions.
(2) If the * * * department
determines that drought or wildfire conditions exist in a county, the * * * department shall notify the
board of supervisors of that county. The * * * department may recommend
that a temporary outdoor burning ban or other restrictions be adopted by the
board of supervisors.
(3) The board of
supervisors may, by order, prohibit or restrict outdoor burning in all or part
of the unincorporated parts of the county if drought or wildfire conditions
have been determined to exist by the * * * department.
An order must specify the period during which burning is restricted. The * * * department
shall notify the board of supervisors when the drought or wildfire conditions
no longer exist. Any order issued under this section shall expire upon the
determination that the drought or wildfire conditions no longer exist.
(4) Any person who knowingly and willfully violates an order under this section is guilty of a misdemeanor and may be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).
(5) The sheriff of the county shall enforce the order and may cite persons for violations of an order under this section.
SECTION 72. Section 51-9-107, Mississippi Code of 1972, is amended as follows:
51-9-107. All powers of the district shall be exercised by a board of directors, to be composed of the following:
(a) Each member of the Pearl River Industrial Commission whose county becomes a part of the Pearl River Valley Water Supply District shall be a member of the Board of Directors of the Pearl River Valley Water Supply District. Such directors shall serve on this board during their term of office on the Pearl River Industrial Commission. In addition, the board of supervisors of each county that becomes a part of the district shall appoint one (1) additional member, who shall serve for a term concurrent with the terms of the members of the board of supervisors. The members shall be appointed at the first meeting of the board of supervisors in January after the supervisors take office. The members appointed from Madison County and Rankin County shall be persons who reside on and are holders of residential leases from the Pearl River Valley Water Supply District that are located in Madison County and Rankin County, respectively, or who reside in established subdivisions in Madison County and Rankin County, respectively, in which some of the residential property of the subdivision is leased from the Pearl River Valley Water Supply District.
The members appointed from Madison County and Rankin County who are serving on July 1, 2012, shall continue to serve until January 1, 2013, after which date the Board of Supervisors of Madison County and the Board of Supervisors of Rankin County each shall appoint one (1) member who meets the residency requirements of this section. The persons appointed under the provisions of this paragraph shall serve for the remainder of the unexpired term.
(b) The * * *
Mississippi Commission on Wildlife, Fisheries and Parks, * * * the Commissioner of
Agriculture and Forestry and the State Board of Health of the State of
Mississippi shall each appoint one (1) director from that department to serve
on the Board of Directors of the Pearl River Valley Water Supply District to
serve at the pleasure of the respective board appointing him. From and after
January 1, 2013, each of the members appointed under this paragraph (b) shall
be a person who resides on and is a holder of a residential lease from the
Pearl River Valley Water Supply District.
(c) Each director shall take and subscribe to the oath of office required by Section 268 of the Constitution of the State of Mississippi before a chancery clerk, that he will faithfully discharge the duties of the office, which oath shall be filed with the clerk and by him preserved.
(d) Each director shall receive per diem compensation in the amount as provided in Section 25-3-69 for attending each meeting of the board and for each day spent in attending to the necessary business of the district and shall be reimbursed for actual expenses thus incurred upon express authorization of the board, including travel expenses, as provided in Section 25-3-41.
(e) The board of directors shall annually elect from its number a president and a vice president of the district, and such other officers as in the judgment of the board are necessary. The president shall be the chief executive officer of the district and the presiding officer of the board, and shall have the same right to vote as any other director. The vice president shall perform all duties and exercise all powers conferred by this article upon the president when the president is absent or fails or declines to act, except the president's right to vote. The board shall also appoint a secretary and a treasurer who may or may not be members of the board, and it may combine those offices. The treasurer shall give bond in the sum of not less than Fifty Thousand Dollars ($50,000.00) as set by the board of directors and each director shall give bond in the sum of not less than Ten Thousand Dollars ($10,000.00), and the premiums on those bonds shall be an expense of the district. The condition of each such bond shall be that the treasurer or director will faithfully perform all duties of office and account for all money which shall come into his custody as treasurer or director of the district.
SECTION 73. Section 51-11-5, Mississippi Code of 1972, is amended as follows:
51-11-5. (1) All powers of the Pearl River Basin Development District, hereinafter referred to in this chapter as the district, shall be exercised by a board of directors to be selected and composed as follows:
(a) The Mississippi
Commission on Environmental Quality, the Mississippi Commission on Wildlife,
Fisheries and Parks, the * * * Forestry Commission Department of Agriculture and Forestry,
and the State Board of Health of the State of Mississippi shall each appoint
one (1) director to serve on the board of directors of the district, each such
director to serve at the pleasure of the respective state agency appointing him
but not to exceed a six-year term.
(b) The board of supervisors of each county which elects to become a member of the district shall appoint two (2) directors from that county, each of whom shall serve for a term of six (6) years or until his successor is appointed by the board of supervisors of that county and qualified. In making its initial appointment of directors, the board of supervisors of each member county shall appoint one (1) of its two (2) directors to serve for a term of three (3) years or until his successor is appointed and qualified.
(c) In addition to the two (2) directors in paragraph (b), each county shall be entitled to additional representation on the board based on its annual contribution for the support of the district required under Section 51-11-31. If the annual contribution of a county as certified under Section 51-11-31 is more than One Hundred Thousand Dollars ($100,000.00), the county may appoint one (1) additional director for each increment of One Hundred Thousand Dollars ($100,000.00), to be contributed. Each additional director shall serve a term of six (6) years. If, in subsequent years, a county's contribution is reduced below One Hundred Thousand Dollars ($100,000.00), or a multiple thereof, a county's additional representation shall be reduced correspondingly. If a county's contribution representation is reduced, the board of supervisors of the county shall designate the director to be removed. No member county shall be entitled to more than three (3) additional directors under this paragraph.
(d) The Governor of the State of Mississippi shall appoint one (1) director residing within the district, who shall serve for a term of six (6) years or until his successor is appointed by the Governor and qualified.
(2) Each director shall take and subscribe to the general oath of office required by Section 268 of the Constitution of the State of Mississippi before a chancery clerk, that he will faithfully discharge the duties of the office, which oath shall be filed with the said clerk and by him preserved.
(3) Each director shall receive a per diem in the amount as provided in Section 25-3-69 for attending each day's meeting of the board of directors and for each day spent in attending to the necessary business of the district and, in addition, he shall receive reimbursement for actual expenses, including travel expenses, as provided in Section 25-3-41.
(4) The board of directors shall annually elect from its number a president and vice president of the district and such other officers as, in the judgment of the board of directors, are necessary. The president shall be the chief executive officer of the district and the presiding officer of the board of directors, and shall have the same right to vote as any other director. The vice president shall perform all duties and exercise all powers conferred by this chapter upon the president when the president is absent or fails or declines to act, except the president's right to vote. The board of directors shall also appoint a secretary and a treasurer who shall be members of the board of directors, and it may combine those officers. The treasurer shall give bond in the sum of not less than Fifty Thousand Dollars ($50,000.00) as set by the board of directors, and each director may be required to give bond in the sum of not less than Ten Thousand Dollars ($10,000.00), with sureties qualified to do business in this state, and the premiums on said bonds shall be an expense of the district. Each such bond shall be payable to the State of Mississippi; the condition of each such bond shall be that the treasurer or director will faithfully perform all duties of his office and account for all money or other assets which shall come into his custody as treasurer or director of the district.
(5) A majority of the total membership of the board of directors shall constitute a quorum at a regular meeting, or at any special meeting duly called and held for a specific purpose. All business of the district shall be transacted by the affirmative vote of a majority of the total membership of the board of directors.
(6) The State Auditor of Public Accounts shall annually audit the books and records of the district and make a report thereof to the Governor and the Legislature.
SECTION 74. Section 51-11-9, Mississippi Code of 1972, is amended as follows:
51-11-9. (1) Within twenty
(20) days after the passage of this chapter, the * * *
the Mississippi Commission on Wildlife, Fisheries and Parks, the * * * Department of
Agriculture and Forestry, and the State Board of Health of the State of
Mississippi shall appoint their respective members to the proposed district
board of directors as provided in Section 51-11-5. These four (4) appointive
members, upon taking the oath as provided, shall meet in the Office of the
Mississippi Department of * * *Environmental Quality Agriculture and Forestry in
Jackson, Mississippi, within ten (10) days, and adopt by a majority vote a
resolution setting forth their intentions of creating the district and shall
forthwith send a certified copy of said resolution to:
(a) The Governor;
(b) Executive officers
of the Mississippi Commission on Environmental Quality, Mississippi Commission
on Wildlife, Fisheries and Parks, * * * Department of
Agriculture and Forestry, and State Board of Health; and
(c) The president of the board of supervisors and the chancery clerk of each county which is part of the Pearl River Basin. After receipt of said resolution, each of the four (4) state agencies hereinabove named may adopt its own resolution favorable or unfavorable to the creation of said district; and the respective boards of supervisors may, at their next regular meeting or at any subsequent meeting, likewise adopt a resolution favorable or unfavorable to creating said district. All said resolutions adopted shall be certified by adopting body's secretary, clerk, or executive officer, and certified copies shall be filed with each state agency and political subdivision named in this section.
(2) The board of supervisors of any county which is part of the Pearl River Basin and which desires to become a member of the district shall, upon receipt of the certified resolution to be adopted by the four (4) initial directors, declare said board's intentions by adopting a resolution expressing its desire to have said district created and stating that its county desires to be a member thereof and that said board desires and intends to levy a special ad valorem tax not to exceed one-half (1/2) mill on all taxable property within said county for the use and benefit of the Pearl River Basin Development District, if and in the event that other funds of that county are not available and appropriated to pay for that county's required contribution to said district. The said resolution shall be published once each week for three (3) consecutive weeks in some newspaper published in the county and having a general circulation therein. If within twenty-one (21) days after the date of the first publication of said resolution no petition signed by twenty percent (20%) of the qualified electors of the county is filed with the board of supervisors requesting the calling of an election on the question of the county's participation in the district and the levying of the special ad valorem tax not to exceed one-half (1/2) mill as aforesaid, then the board of supervisors may proceed to have the county made a member of said district and to levy the special ad valorem tax not to exceed one-half (1/2) mill if and when required; but if within twenty-one (21) days after the date of the first publication of said resolution a petition is filed, signed by at least twenty percent (20%) of the qualified electors of said county, requesting an election on the proposition of said county's becoming a member of the proposed district and the levying of the special ad valorem tax not to exceed one-half (1/2) mill as herein provided, then said election shall be held and conducted as now provided by law for such election. If such an election is held and a majority of those voting therein vote for the proposition, the board shall, by appropriate resolution, bring the county into the district and levy the special ad valorem tax not to exceed one-half (1/2) mill as provided by this chapter, if required. If the majority of those voting in such election shall vote against the proposition, then the county shall not become a member of the district nor levy the one-half (1/2) mill tax, and no further election shall be so conducted until the lapse of two (2) years after the last election.
(3) Whenever an aggregate
of six (6) counties shall have become members of the Pearl River Basin
Development District in the manner provided in this section, the said district
shall be created as an agency of the state and a body politic and corporate
with all the powers granted to it by statute; at which time the Governor shall
appoint the four (4) directors * * *.
(4) Any eligible county may become a member of the district subsequent to its creation, in the manner that the original counties became members. New member counties shall have the same power and authority and be entitled to equal consideration of the district's board of directors, not inconsistent with the purpose of this chapter.
SECTION 75. Section 51-13-105, Mississippi Code of 1972, is amended as follows:
51-13-105. All powers of the district shall be exercised by a board of directors, to be composed of the following:
(a) Each member of the Tombigbee Valley Authority as created by virtue of Sections 51-13-1 through 51-13-9, whose county becomes a part of the Tombigbee River Valley Water Management District shall be a member of the Board of Directors of the Tombigbee River Valley Water Management District, and each state-at-large member of the Tombigbee Valley Authority shall become a member of the Board of Directors of the Tombigbee River Valley Water Management District when one or more entire counties become members of the Tombigbee River Valley Water Management District. Such directors shall serve on this board during their term of office on the Tombigbee Valley Authority. In addition, the board of supervisors of each county within the Tombigbee River Basin which elects to become a member of the district shall appoint one (1) board member to serve for a term of four (4) years or until his successor is named. The Governor shall appoint one (1) member from each county added to the Tombigbee River Valley Water Management District which county is not now a member of the Tombigbee Valley Authority, and such member shall serve for a four-year term or until his successor is appointed.
(b) The Department of
Environmental Quality, the Department of Wildlife, Fisheries and Parks, the * * * Department of
Agriculture and Forestry, and the State Board of Health of the State of
Mississippi shall each appoint one (1) director from that department to serve
on the Board of Directors of the Tombigbee River Valley Water Management
District, to serve at the pleasure of the entity appointing him but not to
exceed four-year terms.
(c) Each director shall take and subscribe to the general oath of office required by Section 268 of the Constitution of the State of Mississippi before a chancery clerk that he will faithfully discharge the duties of the office, which oath shall be filed with the said clerk and by him preserved.
(d) Each director shall receive compensation at a per diem rate as provided in Section 25-3-69 for each day or fraction thereof spent in actual discharge of his official duties and shall be reimbursed for mileage and actual expenses incurred in the performance of his official duties in accordance with the requirements of Section 25-3-41.
(e) The board of directors shall annually elect from its number a president and a vice president of the district and such other officers as in the judgment of the board are necessary. The president shall be the chief executive officer of the district and the presiding officer of the board, and shall have the same right to vote as any other director. The vice president shall perform all duties and exercise all powers conferred by this article upon the president when the president is absent or fails or declines to act, except the president's right to vote. The board shall also appoint a secretary and a treasurer who may or may not be members of the board, and it may combine those offices. The treasurer shall give bond in the sum of not less than Fifty Thousand Dollars ($50,000.00) as set by the board of directors, and each director shall give bond in the sum of not less than Ten Thousand Dollars ($10,000.00) with sureties qualified to do business in this state, and the premiums on said bonds shall be an expense of the district. The condition of each such bond shall be that the treasurer or director will faithfully perform all duties of his office and account for all money or other assets which shall come into his custody as treasurer or director of the district.
SECTION 76. Section 51-13-107, Mississippi Code of 1972, is amended as follows:
51-13-107. (1) Within
twenty (20) days after the passage of this article, the Mississippi Commission
on Environmental Quality, State Board of Health, Mississippi Commission on
Wildlife, Fisheries and Parks, and the * * * Department of
Agriculture and Forestry of the State of Mississippi shall appoint their
respective members to the proposed district board of directors as provided in
Section 51-13-105. The four (4) appointive members, upon taking the oath as
provided, shall meet in the Office of the Mississippi Department of
Environmental Quality in Jackson, Mississippi, within ten (10) days and adopt
by a majority vote a resolution setting forth their intentions of creating the
district and shall forthwith send a certified copy of said resolution to: ( * * *a) each member of the Tombigbee Valley Authority
as now constituted, ( * * *b)
the Governor, ( * * *c)
executive officers of the Mississippi Commission on Environmental Quality,
Board of Health, Mississippi Commission on Wildlife, Fisheries and Parks, and * * * Department of
Agriculture and Forestry, and ( * * *d) the president of the board of
supervisors and chancery clerk of each county through which any part of the
Tombigbee River or any of its tributaries lie. The four (4) state agencies
herein named and the Tombigbee Valley Authority may, within ten (10) days from
receipt of said resolution, adopt its own resolution favorable or unfavorable
to the creation of said district; and the respective boards of supervisors may
at their next regular meeting likewise adopt a resolution favorable or
unfavorable to creating said district. All of said resolutions adopted shall
be certified by its secretary, clerk, or executive officer and shall be filed
with each state agency, political subdivision, or other agency named in Section
55-13-105.
(2) Every board of supervisors of those counties desiring to become members of the district, through which the Tombigbee River or any of its tributaries lie, shall, upon receipt of the certified resolutions mentioned in this section, declare said board's intentions by adopting a resolution expressing its desire to have said district created and to levy an ad valorem tax not to exceed one-half (1/2) mill on all the taxable property within the Tombigbee Watershed area of said county for the use and benefit of the Tombigbee River Valley Water Management District. The said resolution shall be published once each week for three (3) consecutive weeks in some newspaper published in the county and having a general circulation therein, and if no petition signed by twenty percent (20%) of the qualified electors of the county is filed with the board requesting the calling of an election on the question of the county's participation in the district and the levying of the one-half (1/2) mill tax levy aforesaid, the board may proceed to have the county become a member of said district and to levy the one-half (1/2) mill tax levy but if, within twenty-one (21) days after the date of the first publication of said resolution, a petition signed by at least twenty percent (20%) of the qualified electors of said county, requesting an election on the proposition of said county becoming a member of the proposed district and the levying of the one-half (1/2) mill tax as herein provided, is filed, said election shall be held and conducted as now provided by law for such elections. If such an election is held and a majority of those voting therein vote for the proposition, the board shall, by appropriate resolution, bring the county into the district and levy the one-half (1/2) mill tax as otherwise provided by law. If the majority of those voting in such election shall vote against the proposition, then the county shall not become a member of the district nor levy the one-half (1/2) mill tax; and no further election shall be so conducted until the lapse of two (2) years after the last election.
(3) Whenever an aggregate of six (6) counties have become members of the Tombigbee River Valley Water Management District in the manner provided in this section, the said district shall be created as an agency of the state and a body politic and corporate with all of the powers granted it by statute.
SECTION 77. Section 53-5-1, Mississippi Code of 1972, is amended as follows:
53-5-1. (1) The
Mississippi Commission * * * on Environmental Quality shall be the
geological, economic and topographical survey board and shall exercise the
duties and responsibilities of the geological, economic and topographical
survey board through the bureau of geology and energy resources of the
Mississippi Department of * * * Natural Resources Environmental Quality, insofar as
practicable under the provisions of Chapter 2 of Title 49, Mississippi Code of
1972.
(2) The words
"Geological, Economic and Topographical Survey Board" wherever they
may appear in the laws of the State of Mississippi, shall be construed to mean
the Mississippi * * * Department of Environmental
Quality.
SECTION 78. Section 55-3-1, Mississippi Code of 1972, is amended as follows:
55-3-1. The Governor of the
state is authorized to accept gifts of land to the state, not to exceed ten
percent (10%) of the area of any county, to be held, protected, and
administered by the * * * Department of Agriculture and Forestry as
state forests and parks and to be used to demonstrate their practical utility
for reforestation and as breeding places for wild game, and he is authorized to
accept gifts of land to be used and administered by the * * * department as state parks.
Such gifts must be absolute, except for the reservation of any or all mineral
rights, and in no case shall exceed ten percent (10%) of the area of any county
wherein such lands may be situated. The Attorney General is directed to see that
all deeds to the state are properly executed and that the titles thereto are
free and clear of all encumbrances before the gift is accepted. When any
donation exceeding six hundred (600) acres is made, the name of the donor or
any name he may suggest, on the approval of the * * * department shall be given
such donation as the designation of such forest or park.
SECTION 79. Section 55-3-11, Mississippi Code of 1972, is amended as follows:
55-3-11. The * * * Department of
Agriculture and Forestry shall have the control and management of any and
all forests or public parks set aside and dedicated as provided for in Section
55-3-7, and shall have authority to issue grazing or farming permits or leases
on said parks, and to make sales of timber and other forest products of the
soil from same. The Mississippi Commission on Wildlife, Fisheries and Parks
shall have the control and management of any and all lands set aside and
dedicated for a fish and game refuge and/or preserve. The * * * Department of
Agriculture and Forestry and the Mississippi Commission on Wildlife,
Fisheries and Parks shall cooperate in the utilization of any lands so
dedicated both for forestry and game and fish conservation purposes.
In the case of state forests
and/or state parks the * * * Department of Agriculture and Forestry,
and, in the case of fish and game preserves, the Mississippi Commission on
Wildlife, Fisheries and Parks, is hereby vested with authority to institute
proceedings against trespassers and others in the name of the State of
Mississippi, and to do all things necessary and proper to obtain the most
complete and advantageous developments of state forests, parks, and fish and game
preserves.
SECTION 80. Section 55-3-19, Mississippi Code of 1972, is amended as follows:
55-3-19. Where the federal
government and the state government or any subdivision thereof are cooperating
in the establishment of a major park and forest and game reserve, and where the
property owners in the territory therein involved have agreed to convey as much
as fifty percent (50%) of the area required for said purposes, the * * * Department of
Agriculture and Forestry, together with the Mississippi Commission on
Wildlife, Fisheries and Parks or any subdivision of the state, are hereby
empowered to exercise the right of eminent domain in the manner now provided by
law to obtain the necessary lands needed.
SECTION 81. Section 55-3-21, Mississippi Code of 1972, is amended as follows:
55-3-21. There is hereby
established in the State Treasury a revolving fund to be used by the * * * Department of
Agriculture and Forestry to carry out the provisions of the will of William
W. Kurtz, dated July 12, 1940, which donated one thousand seven hundred sixty
(1,760) acres of forestland in Greene County to the State of Mississippi to be
held, protected, administered and improved by the * * * Department of
Agriculture and Forestry as a state forest. The fund shall be called the
Kurtz State Forest Revolving Fund, and money for the fund shall accrue from any
revenues derived from the Kurtz State Forest including, but not limited to,
timber sales, hunting leases, permit fees, and stump and naval stores
operations. The * * * Department of Agriculture and Forestry
is authorized to expend a portion of the monies in the fund to purchase in the
name of the State of Mississippi other lands, not to exceed five hundred (500)
acres, which are contiguous to or located near the lands donated by the Kurtz
will, for the purpose of expanding the Kurtz State Forest. The * * * Department of
Agriculture and Forestry also may expend monies in the fund for the
purposes described in Section 55-3-23. The State Treasurer shall invest all
monies in the fund, and interest earned on the investments shall be paid back
into the fund and not into the General Fund. The fund shall be audited
annually by the State Auditor.
SECTION 82. Section 55-3-23, Mississippi Code of 1972, is amended as follows:
55-3-23. The * * * Department
of Agriculture and Forestry is authorized, annually, to pay to the State
Line Cemetery Association, out of the proceeds and receipts derived from timber
sales in the Kurtz State Forest, an amount not to exceed Two Hundred Dollars
($200.00) for the upkeep of the cemetery in which W.W. Kurtz and wife, the
donors of Kurtz State Forest, are buried.
SECTION 83. Section 29-3-27, Mississippi Code of 1972, is amended as follows:
29-3-27. No sixteenth section lands or lands granted in lieu thereof, in whole or in part, situated within the school district holding or owning the same shall ever be sold, except that the board of education may, under the procedures hereinafter provided, sell such lands for industrial development thereon, therein, or thereunder to any persons, firms, or corporations in fee simple, or any lesser estate therein, for a purchase price not less than the fair market value thereof; and when any such sale is made, the deed shall be executed in the name of the State of Mississippi by the superintendent of the said board of education.
As used in this section and in Sections 29-3-29 and 29-3-61, the term "industrial development" shall include restoration as a tourist attraction the place where an organization was founded, which said organization has since been expanded to be national or international in its membership, scope, and influence.
The proceeds of the sale in
fee simple of any sixteenth section, or lands granted in lieu thereof, in whole
or in part, or such part of said proceeds as may be required to purchase
acreage of equivalent fair market value, shall be used by the board of
education, to purchase other land in the county, which land shall be held and
reserved by the State of Mississippi for the support of the township schools in
lieu of the land thus sold, as other sixteenth section lieu land is held, and
shall be subject to all laws applicable thereto. Every such sale and every
such purchase of land in lieu thereof shall be reported by the secretary of the
board of education to the State Land Commissioner and to the * * * Department of
Agriculture and Forestry within ninety (90) days after the consummation of
each such sale and purchase. Any funds from a sale in fee simple of any
sixteenth section land, or land granted in lieu thereof, in excess of any
amount used to purchase said land in lieu thereof, shall be treated as corpus
and shall be invested by the board of education as provided by law. Only the
income from such investment shall be expended for current operating expenses of
the schools.
SECTION 84. Section 29-3-45, Mississippi Code of 1972, is amended as follows:
29-3-45. (1) (a) The
board of education shall, by order placed upon its minutes, enter into an
agreement with the * * * Department of Agriculture and Forestry
for the general supervision and management of all lands classified as forest
lands and of all timber or other forest products under the control of the board
on sixteenth section lands, and lieu lands which have not been so classified.
However, any school board may contract with private persons or businesses for
the reforestation of sixteenth section lands and may contract with a registered
forester to be paid from the 16th Section Interest Fund for a review of any
forestry management decision or forestry practice including the sale of timber
for sixteenth section forest land provided that any implementation of a
forestry management decision or forestry practice to be taken as a result of
the review described in this subsection shall be subject to the approval of both
the * * *
department and the Secretary of State. When such agreement has been
entered into, no timber or other forest products shall be sold from any of the
sixteenth section lands or lieu lands except such as have been marked or
approved for cutting by the * * * Department of
Agriculture and Forestry's employees. The * * * department, or its
designated employee, shall fix the minimum total cash price or minimum price
per unit, one thousand (1,000) feet or other measure, at which the marked
timber or other forest products shall be sold. The sales may be made for a
lump sum or upon a unit price as in the opinion of the board may be calculated
to bring the greatest return. Sales shall be made upon such other terms and
conditions as to manner of cutting, damages for cutting of unmarked trees,
damages to trees not cut and other pertinent matters as the board of education
shall approve.
(b) The * * * Department of
Agriculture and Forestry shall have the sole authority and control in
scheduling of all cutting and harvesting of timber or other forest products
when such timber stands or other forest products are determined by the * * * Department of Agriculture
and Forestry to be economically ready for cutting and harvesting.
(c) Should a school
board disagree with the * * * Forestry Commission Department of Agriculture and Forestry
concerning the time of cutting and harvesting, the board may make an appeal to
the * * * department.
If the school board is not satisfied after the appeal to the * * * department, the board may
then appeal to the Secretary of State who will make the final decision as to
the time for cutting and harvesting. In the event that the local school board
is divested of its management authority under subsection (3) * * * of this section, the Secretary
of State after due consultation with the * * * department shall
retain the right to make final decisions concerning the management and sale of
timber and other forest products.
(d) It is hereby made
the duty of the * * * department, from time to time, to mark
timber which should be cut from the lands, to determine what planting,
deadening or other forestry improvements should be made, giving due
consideration to food and habitat for wildlife, and to report to the
appropriate board of education. The * * * department
and the board of education shall supervise the cutting of any timber or
harvesting of other forest products sold from the lands herein designated and
shall have authority to require any timber-cutting operations on the lands to
cease until proper adjustment is made, whenever it shall appear that timber is
being cut in violation of the terms of the sale. In the event that it is
desired to lease any of such lands or standing timber for turpentine purposes,
such lease shall only cover such trees as the * * * department
shall designate, and the * * * commission department through its employees shall
approve the number of faces, method of chipping and boxing of such timber, and
shall fix a minimum total cash price or minimum price per unit.
(e) No sale of any timber, turpentine or other forest products lease shall be made until notice of same shall have been published once a week for three (3) consecutive weeks in at least one (1) newspaper published in such county. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed for the sale, and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper is published in such county, then such notice shall be given by publishing the same for the required time in some newspaper having a general circulation in such county and, in addition thereto, by posting a copy of such notice for at least twenty-one (21) days next preceding such sale at three (3) public places in such county.
(f) Notwithstanding the above provision pertaining to the sale of any timber, turpentine or other forest products, in the event that timber must be cleared from an existing road or existing utility right-of-way, the public notice requirement may be waived. Prior to waiver of the public notice requirement, the State Forestry Commission must make a finding that, due to the small area of timber to be cleared, a public notice sale would not be in the best interest of the local board of education. If the State Forestry Commission makes such a finding, then it shall set the value of the timber to be paid to the local board of education by the party requesting the timber be removed.
(g) Provided, however, in the case of damage by fire, windstorm or other natural causes which would require immediate sale of the timber, because the time involved for advertisement as prescribed herein would allow decay, rot or destruction substantially decreasing the purchase price to be received had not such delay occurred, the advertisement provisions of this section shall not apply. The local board of education, with a written recommendation from a designated employee of the State Forestry Commission filed in the minutes of the local board of education, shall determine when immediate sale of the timber is required. When the board of education shall find an immediate sale necessary for the causes stated herein, it shall, in its discretion, set the time for receipt of bids on the purchase of the timber, but shall show due diligence in notifying competitive bidders so that a true competitive bid shall be received.
(2) (a) A local board of education having control of the sixteenth section lands in the Hurricane Katrina Disaster of 2005 shall be granted emergency powers to take any and all actions of a reasonably prudent trustee acting under emergency conditions to recover damaged timber, prevent further loss or damage to timber, and to minimize economic loss. All such actions shall be taken in consultation with and shall be subject to the prior approval from the Secretary of State and the State Forestry Commission. The emergency powers shall be as follows:
(i) Contract with any individual or entity for management advice, sale of timber, clearing of damage to timber producing lands, transporting of timber, repairing access roads to timber lands, conducting aerial spraying, or taking any other type of action to prevent further loss of timber or diminution in value of existing timber as the result of the incident which necessitated the declaration of a natural disaster. In contracting with any individual or entity, the local board of education shall use its best efforts to ensure that all costs incurred are reasonable and that a fair price is received for all sales.
(ii) Enter into agreements with any individual, private company, or other governmental entities for the pooling of resources, or the sharing of costs so as to maximize the mitigation of loss and minimize the expense of mitigating the loss of timber.
(iii) Apply for any state, federal, or private party grant or nonrepayable funds to cover costs associated with emergency management contracts, sale timber, including loss for diminution of value, transporting of timber, replanting of timber, repairing access roads to timber, conducting aerial spraying, or reimbursement for any other action taken to prevent further timber damage, as well as mitigating the loss of funds due to damage.
(b) The emergency powers granted herein shall be for a period of one (1) year from the date of designation as a disaster area due to Hurricane Katrina. The emergency powers may be extended for one (1) additional one-year period upon prior written approval from the Secretary of State.
(c) The emergency powers shall also apply to the management of timber by the Secretary of State pursuant to subsection (3) of this section.
(d) In the event a local board of education is unable to acquire the services of the State Forestry Commission or the Secretary of State to meet an immediate need to salvage, remove or take other appropriate action on damaged timber, the local board of education shall unilaterally be granted the authority to take such actions as necessary regarding the management or sale of timber or other forest products.
(e) In exercising emergency powers, a local board of education or the Secretary of State shall exercise the general powers of a trustee with the same general restrictions and general liabilities of a trustee and shall exercise the care and skill of an ordinary prudent person to protect the beneficiaries of the trust under such emergency circumstances.
(f) Any contractor with a local board of education or the Secretary of State shall be entitled to rely on representations by such board of education or the Secretary of State as to who has authority to enter contracts for the management or sale of timber or other forest products, and reliance on such representations shall not be grounds for voiding any contract.
(3) (a) In the event that any member of a local board of education may have a personal interest, either direct or indirect, in the decisions regarding the management or sale of timber or other forest products or in a contract for the sale of timber or other forest products from sixteenth section school lands under the jurisdiction and control of the board, then the board of education shall automatically be divested of all authority and power to manage and sell timber or other forest products on sixteenth section lands under its control and jurisdiction. The divestiture shall extend for the period of service, and for one (1) year thereafter, of the board member having a direct or indirect personal interest in the sale or decision to sell timber or other forest products.
(b) During the time in which any local board of education may be divested of authority and power to manage and sell timber and other forest products, such authority and power shall be vested in the Secretary of State, as supervisory trustee of sixteenth section lands. Upon the appointment or election of a member of a local board of education who may have such an appointment or election of a member of a local board of education who may have such an interest in decisions and contracts regarding the management and sale of timber or other forest products, the board of education shall immediately notify the Secretary of State in writing. Likewise, the board shall give written notification to the Secretary of State within thirty (30) days prior to the expiration of any such divestiture period. Any contractor with a local board of education or the Secretary of State shall be entitled to rely on representations by such board or the Secretary of State as to who has authority to enter contracts for the management or sale of timber or other forest products, and reliance on such representations shall not be grounds for voiding any contract.
(c) The laws providing
for the management and sale of timber and other forest products by local boards
of education shall apply to the management and sale of timber and other forest
products by the Secretary of State. The * * * department
shall provide the Secretary of State with advice and services in the same
manner as provided to local boards of education.
(d) The Secretary of State shall be paid all monies derived from the sale of timber or other forest products and shall promptly forward the same to the superintendent of education for such school district with instructions for the proper settlement, deposit and investment of the monies. Such local school board shall reimburse the Secretary of State for all direct costs relating to the management and sale of timber or other forest products, and in the case of a sale of timber or other forest products, the Secretary of State may deduct such direct cost from the proceeds of sale. The Secretary of State shall furnish an itemized listing of all direct cost charged to the local school district.
SECTION 85. Section 29-3-47, Mississippi Code of 1972, is amended as follows:
29-3-47. For its services
the * * * Department of Agriculture and Forestry shall be
entitled to receive its actual expenses incurred in the discharge of the duties
herein imposed. In order to provide funds with which to pay for the general
supervision and sale of forest products, fifteen percent (15%) of all receipts
from the sales of forest products shall be placed by the board in a Forestry
Escrow Fund and reserved to pay for work performed by the * * * department.
Such payments shall be equal to the actual expenses incurred by the * * * department as substantiated
by itemized bills presented to the board.
Money in the Forestry Escrow Fund may be used to pay for any forestry work authorized during the period of the agreement and shall not be subject to lapse by reason of county budget limitations.
In each school district
having need of tree planting and timber stand improvement, the board of
education is authorized to place additional amounts in the Forestry Escrow Fund
to reimburse the * * * department for actual expenses
incurred in performing this work, or to pay for any work done under private
contract under the supervision of * * * the department. Such
additional amounts may be made available from forest products sales receipts,
funds borrowed from the sixteenth section principal fund as is provided for in
Section 29-3-113, or any other funds available to the board of education
excluding minimum foundation program funds. Expenditures from the Forestry
Escrow Fund for tree planting, timber stand improvement, and other forestry
work will be limited to payment for work recommended by the * * * department and
agreed to by the Board of Education.
When it becomes evident that
the amount of money in the Forestry Escrow Fund is in excess of the amount
necessary to accomplish the work needed to achieve the goals set by the board
of education and the * * * department, the * * * department
shall advise said board to release any part of such funds as will not be
needed, which may then be spent for any purpose authorized by law.
SECTION 86. Section 29-3-49, Mississippi Code of 1972, is amended as follows:
29-3-49. It shall be the
duty of the * * * Department of Agriculture and Forestry,
in the manner provided in Section 29-3-45, to enter into agreements for timber
improvement purposes with the board of education upon the request of the
board. The contract shall provide for the carrying out of a long-term program
of timber improvement, including any or all of the following: The deadening of
undesirable hardwoods, the planting of trees, the cutting and maintaining of
fire lanes, and the establishment of marked boundaries on all lands classified
as forest lands in the agreements, which provide for the reimbursement of all
current costs incurred by the * * * department
and the carrying out of the duties required by such agreements. In the
alternative, the * * * department, in its discretion, may have the option
to contract with a private contractor, subject to the approval of the board, to
perform this work under the supervision of the * * * department. Payment of the
reimbursements as hereinabove set forth to the * * * department, or of
compensation due under any such contract with private contractors shall be made
upon presentation of itemized bills by the * * * department or * * * private contractors, as the case may be,
and may be made out of any sixteenth section funds to the credit of, or
accruing to, any school district in which such work shall be done, or out of
any other funds available to such district, excluding minimum foundation
program funds.
SECTION 87. Section 29-3-54, Mississippi Code of 1972, is amended as follows:
29-3-54. Any leaseholder of
sixteenth section land, or land granted in lieu thereof, shall be authorized to
post such land against trespassers; provided that such posting shall not
prohibit the inspection of said lands by individuals responsible for the
management or supervision thereof acting in their official capacity. In the
event hunting or fishing rights have been leased on lands classified as forest
land, the holder of such rights and the * * * Department of
Agriculture and Forestry shall be authorized to post such land against
trespassers.
SECTION 88. Section 29-3-85, Mississippi Code of 1972, is amended as follows:
29-3-85. In all surface
leases of sixteenth section land made by the board of education, whether such
leases be original leases or extensions of existing leases, title to all
timber, minerals, oil, and gas on such lands shall be reserved, together with
the right of ingress and egress to remove same, whether such provisions be
included in the terms of any such lease or not; and no timber shall be cut and
used by the lessees except for fuel and necessary repairs and improvements on
the leased premises. The board of education, notwithstanding the fact that
such land may have been leased for other purposes, shall have the right, from time
to time, to sell all merchantable timber on such lands in the manner
hereinabove provided. In all cases where surface leases were outstanding on
June 28, 1958, and have at least five (5) years remaining of the term thereof
wherein the right to sell timber has not been reserved, either expressly or by
operation of law, the board may, by agreement with the lessee, sell such timber
under the procedure herein set out. In all such cases the * * * Department of
Agriculture and Forestry shall only cause to be marked for cutting such
timber as, in its judgment, should be harvested in the best interest of the
reversionary estate, and the board may agree to pay to the lessee a portion of
the proceeds of such sales from time to time, not to exceed fifty percent (50%)
thereof after the deduction of the fifteen percent (15%) escrow money,
hereinbefore mentioned, and all other costs of the sale. In any surface lease,
the board of education shall reserve the right to grant or sell rights-of-way
across any of said land for a road, highway, railroad, or any public utility
line, provided only that the leaseholder be paid a reasonable rental for the
unexpired term of his lease by the grantee of such right-of-way. If any
surface lessee of any such sixteenth section land shall commit, cause to be
committed, or permit the commission of any act of waste on any sixteenth
section lands under lease to such lessee, then such lease shall thereupon, as
to such lessee, cease and terminate and shall thenceforth be null and void; and
the board of education shall have the right to institute an action in any court
of competent jurisdiction to secure the cancellation of same of record, to
recover damages for such waste, and to maintain an action in ejectment to recover
possession of the same. To this end, the board of education is hereby
authorized and empowered to employ competent counsel to institute and maintain
any such action or actions on behalf of the board.
SECTION 89. Section 29-3-87, Mississippi Code of 1972, is amended as follows:
29-3-87. Notwithstanding the provisions of this or any other statute, the several boards of education are hereby authorized and empowered, in their discretion and by resolution spread upon the minutes, to set aside, reserve, and dedicate any available sixteenth section lands or lands in lieu thereof for use by such school district as a site for school buildings, which such dedication and reservation shall be for such length of time, not exceeding fifty (50) years, and upon such terms and conditions as the board of education, in its discretion, shall deem proper. Any such reservation or dedication of sixteenth section lands shall automatically cease and terminate if, at any time, the land involved shall cease to be used for the purpose for which the dedication or reservation is made. The reservation or dedication shall cover the surface of said lands only and shall not prevent the board of education from leasing said lands for oil, gas, and mineral exploration and development in a manner otherwise provided by law.
In the same manner and
subject to the same provisions hereinabove set forth the board of education
having a timber management and marketing agreement with the * * * Department of
Agriculture and Forestry or National Forest Service, may set aside, reserve
and dedicate any available sixteenth section lands or lands granted in lieu
thereof, which has been classified as forest land under the provisions of
Section 29-3-31 et seq., Mississippi Code of 1972, to be utilized for public
parks and recreation areas. The board of supervisors or the governing
authorities of any municipality wherein such lands or any portion thereof lie
may expend any funds otherwise available for park or recreational areas in the
construction and maintenance of improvements to be located thereon.
The setting aside, reservation and dedication of any such sixteenth section lands, or lands granted in lieu thereof by a board of education to the State Park Commission for the purpose of locating a state park thereon may be for a length of time not exceeding ninety-nine (99) years.
No sixteenth section or lieu land which is subject to an existing lease shall be set aside, dedicated, and reserved as a school building site or for public park or recreational purposes under the provisions of this section unless the school district involved shall acquire the unexpired leasehold interest from the leaseholder, or unless such lease and leasehold interest shall be surrendered and relinquished by the leaseholder.
SECTION 90. Section 49-7-203, Mississippi Code of 1972, is amended as follows:
49-7-203. (1) There is
created the Beaver and Wild Hog Control Advisory Board which shall be composed
of the administrative heads of the Mississippi Department of Wildlife,
Fisheries and Parks, * * * Department of Agriculture and * * * Forestry, Mississippi
Department of Transportation and Mississippi State Cooperative Extension
Services, the Executive Director of the Mississippi Association of Supervisors,
the Executive Vice President of Delta Council and the President of the
Mississippi Farm Bureau Federation. In addition, the board shall include, as
advisory, and nonvoting members:
(a) The Chairmen of the House and Senate Wildlife, Fisheries and Parks Committees;
(b) The Chairmen of the House and Senate Agriculture Committees; and
(c) One (1) at-large member of the House and Senate appointed by the Lieutenant Governor and Speaker of the House.
(2) The board shall elect a chairman from among its members, who shall preside over meetings.
(3) The members of the board shall serve without compensation but all members of the board shall be entitled to reimbursement for all actual and necessary expenses incurred in the discharge of their duties, including mileage as authorized by law.
(4) The board shall have the following duties and responsibilities:
(a) To adopt rules and regulations governing times and places for meetings and governing the manner of conducting its business;
(b) To develop a
beaver and wild hog control program to be administered by the Mississippi
Department of Agriculture and * * * Forestry or by any agency or
agencies under an agreement with the board for that purpose;
(c) To designate the areas of the state having the greatest need for beaver and wild hog control or eradication and establish a list of priority areas on an annual basis;
(d) To establish, assess and collect any fees charged to participating landowners; and
(e) To function in an
advisory capacity to the Mississippi Department of Agriculture and * * * Forestry or any agency or
agencies administering the beaver and wild hog control program.
(5) The board shall have the authority to develop any programs and implement any regulations and policies. The board may develop what it deems necessary to address beaver and wild hog control within the state.
SECTION 91. Section 69-3-1, Mississippi Code of 1972, is amended as follows:
69-3-1. Wherever the following terms or similar terms are used in this article, they shall have the following meanings, unless the context clearly indicates otherwise:
(a) "Advertisement" means all representations made by the labeler, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this article.
(b) "Agricultural seeds" means the seed of grass, forage, cereal and fiber crops, lawn seed, and any other kinds of seed, including transgenic seeds, recognized within this state as agricultural or field seeds, and mixtures of such seeds.
(c) "Bulk" or "in bulk" means seed when loose either in vehicles of transportation, bins, cribs or tanks, and not seed in bags, boxes, cartons, bulk/super bags or other containers.
(d) "Certified seed," "registered seed" and "foundation seed" mean seed that has been produced and labeled in accordance with the procedures and in compliance with the rules and regulations of an official certifying agency authorized by the laws of this state or the laws of another state or country.
(e) "Commercial grower" means a person, firm or corporation engaged primarily in the production of seed for planting purposes for sale or trade.
(f)
"Commissioner" means the Commissioner of Agriculture and * * * Forestry of the State of
Mississippi.
(g) "Commission merchant" or "agent" means a person, firm or corporation engaged in the selling of packet seed of less than four (4) ounces to consumers.
(h) "Consumer" means any person who purchases or otherwise obtains seed for sowing but not for resale.
(i) "Council" means the seed arbitration council created under Section 63-3-20.
(j) "Date of test" means the month and year the percentage of germination appearing on the label was obtained by laboratory test.
(k)
"Department" means the Mississippi Department of Agriculture and * * * Forestry.
(l) "Federal Seed Act" means the laws codified at 7 USCS 1551 et seq., and all regulations promulgated thereunder.
(m) "Firm ungerminated seed" means live seed, other than hard seed, which neither germinate nor decay during the period and under the conditions prescribed for germination of such seed by the rules and regulations promulgated pursuant to provisions of this article.
(n) "Flower seed" means the seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts, including transgenic seeds, and commonly known and sold under the name of flower seeds in this state.
(o) "Hybrid" means the first generation seed of a cross produced by controlling the pollination and combining: (i) two (2) or more inbred lines; or (ii) one (1) inbred line or a single cross with an open-pollinated variety; or (iii) two (2) varieties or species, except open-pollinated varieties of corn. The second generation and subsequent generations of such crosses shall not be regarded as hybrids.
(p) "Kind" means one or more related species or subspecies which singly or collectively is known by one (1) common name; for example: soybeans, crimson clover, striate lespedeza, tall fescue.
(q) "Label" means the display or displays of written, printed or graphic matter upon or attached to the container of seed pertaining to the contents of the container.
(r) "Labeler" means the person, firm, corporation or the registered code number whose name appears on the label or container of seed.
(s) "Labeling" includes all labels and other written, printed or graphic representations made by the labeler accompanying and pertaining to the seed product whether in bulk or in containers, and any product use guides for the technology of the seed, that may be distributed in any manner including representations on invoices except for current official publications of the United States Department of Agriculture, state extension services, state experiment stations, state agricultural colleges and other similar federal or state institutions or agencies authorized by law to conduct research.
(t) "Lot of seed" means a definite quantity of seed identified by a lot number or other identification mark, every portion or bag of which is uniform for the factors which appear on the label, within permitted tolerances.
(u) "Mixed" or "mixture" means seeds consisting of more than one (1) kind, or kind and variety, or strain, each present in excess of five percent (5%) of the whole.
(v) "Official certifying agency" means an agency authorized or recognized and designated as a certifying agency by the laws of a state, the United States, a province of Canada, or the government of a foreign country.
(w) "Origin" means the state, District of Columbia, Puerto Rico, or possessions of the United States, or the foreign country where the seeds were grown.
(x) "Processing" means cleaning, scarifying, blending or treating to obtain uniform quality and other operations which would change the purity or germination of the seed and therefore require retesting to determine the quality of the seed.
(y) "Product use guide" means any written information prepared by the labeler and distributed to the consumer, containing specific information concerning a seed product or a technology.
(z) "Prohibited noxious weed seed" means the seeds of weeds that reproduce by seed, and/or spread by underground roots or stems, and which, when established, are highly destructive and difficult to control in this state by ordinary good cultural practice, or constitute a peculiar hazard to the agriculture of this state.
(aa) "Pure seed," "germination," "other crop seed," "inert matter" and other seed labeling and testing terms in common usage not defined herein are defined as in the Federal Seed Act and the rules and regulations promulgated under that act.
(bb) "Recognized professional" means a person who is a licensed consultant, a certified crop advisor or any other person recognized by the arbitration council to be qualified to provide expert advise and opinion on seed performances.
(cc) "Restricted noxious weed seed" means the seeds of weeds that are particularly objectionable in fields, lawns or gardens of this state, but which can ordinarily be controlled by good cultural practice.
(dd) "Seed record" means information which relates to the origin, treatment, germination and purity of each lot of agricultural seed sold, offered or exposed for sale in this state, or which relates to the treatment, germination and variety of each lot of vegetable, flower, or tree and shrub seed sold, offered or exposed for sale in this state. Such information includes seed samples and records of declarations, labels, purchases, sales, cleaning, bulking, handling, storage, analyses, tests and examinations.
(ee) "Seedsman" means a person, firm or corporation engaged in the buying, selling or exchanging, offering or exposing for sale agricultural seeds or mixtures thereof, vegetable, flower, tree and shrub seeds as defined in this article.
(ff) "Stop sale order" means any written or printed notice or order given or issued by the commissioner or his authorized agents to the owner or custodian of any lot of agricultural, vegetable, flower, or tree and shrub seeds in this state, directing such owner or custodian not to sell, offer or expose such seeds for sale for planting purposes within this state until requirements of this article shall have been complied with and a written release has been issued.
(gg) "Strain" means the subdivision of a variety; for example: Clemson nonshattering soybeans, Strain 4.
(hh) "Treated" means that the seed has been given an application of a substance or subjected to a process designed to control or repel certain disease organisms, insects or other pests attacking such seeds or seedlings grown therefrom to improve its planting value or to serve any other purpose.
(ii) "Tree and shrub seeds" means the seeds of woody plants, including transgenic seeds, commonly known and sold as tree and shrub seeds in this state.
(jj) "Tolerance" means the allowance for sampling variation specified under rules and regulations promulgated pursuant to the provisions of this article.
(kk) "Transgenic seed" means seed from a plant whose genetic composition has been altered by methods other than those used in conventional plant breeding to produce seed that contains selected genes from other plants or species that will produce results such as herbicide tolerance, or resistance, insect tolerance, or resistance, or other traits derived from biotechnology.
(ll) "Variety" means a subdivision of a kind which is characterized by growth, plant, fruit, seed or other characteristics by which it can be differentiated in successive generations from other sorts of the same kind; for example: Lee soybeans, Frontier crimson clover, Kobe striate lespedeza, Kentucky 31 tall fescue.
(mm) "Vegetable seeds" means the seeds of those crops which are grown in gardens or on truck farms, including transgenic seeds, and are generally known and sold under the name of vegetable seeds in this state.
(nn) "Weed seed" means the seeds, bulblets or tubers of all plants generally recognized as weeds within the state and includes noxious weed seeds.
(oo) "Wholesale distributor" means a person, firm or corporation engaged in the selling of seed to a seedsman holding a permit as required by subsection (1)(c) of Section 69-3-3.
SECTION 92. Section 69-29-1, Mississippi Code of 1972, is amended as follows:
69-29-1. (1) (a) There is established the Mississippi Agricultural and Livestock Theft Bureau.
(b) The Commissioner
of Agriculture and * * * Forestry shall appoint a director of the Mississippi
Agricultural and Livestock Theft Bureau. Such director shall have at least
five (5) years of law enforcement experience. Such director shall be
responsible solely to the supervision of the Commissioner of Agriculture and
Forestry and to no other person or entity. Such director may be discharged
only for just cause shown.
(c) The director may employ nine (9) agricultural and livestock theft investigators, one (1) from each highway patrol district, and each investigator is required to reside within the highway patrol district from which he or she is selected. Each investigator shall be certified as a law enforcement officer, successfully completing at least a nine-week training course, in accordance with Section 45-6-11. The curriculum for the training of constables shall not be sufficient for meeting the certification requirements of this paragraph. In the selection of investigators under this section, preference shall be given to persons who have previous law enforcement experience.
(d) The director appointed under this section, under the direction, control and supervision of the commissioner, and the investigators employed under this section shall perform only the duties described in subsection (2) of this section and shall not be assigned any other duties.
(2) The director appointed under this section and the investigators employed under this section shall have the following powers, duties and authority:
(a) To enforce all of the provisions of Sections 69-29-9 and 69-29-11, and particularly those portions requiring persons transporting livestock to have a bill of sale in their possession; to make investigations of violations of such sections and to arrest persons violating same;
(b) To enforce all of the laws of this state enacted for the purpose of preventing the theft of livestock, poultry, timber and agricultural, aquacultural and timber products and implements; to make investigations of violations thereof and to arrest persons violating same;
(c) To cooperate with all regularly constituted law enforcement officers relative to the matters herein set forth;
(d) To serve warrants and other process emanating from any court of lawful jurisdiction, including search warrants, in all matters herein set forth;
(e) To carry proper credentials evidencing their authority, which shall be exhibited to any person making demand therefor;
(f) To make arrests without warrant in all matters herein set forth in cases where same is authorized under the constitutional and general laws of this state;
(g) To handle the registration of brands of cattle and livestock;
(h) To investigate,
prevent, apprehend and arrest those persons anywhere in the state who are
violating any of the laws administered by the Department of Agriculture and * * * Forestry, including, but not
limited to, all agriculture-related and woods arson crimes.
(i) To access and examine records of any person, business or entity that harvests, loads, carries, receives or manufactures timber products as defined in this section. Each such person or entity shall permit the director or any investigator of the Mississippi Agricultural and Livestock Theft Bureau to examine records of the sale, transfer or purchase of timber or timber products, including, but not limited to, contracts, load tickets, settlement sheets, drivers' logs, invoices, checks and any other records or documents related to an ongoing investigation of the Mississippi Agricultural and Livestock Theft Bureau.
(3) The Commissioner of
Agriculture and * * * Forestry shall furnish such investigators with such
vehicles, equipment and supplies as may be necessary. All expenses of same,
and all other expenses incurred in the administration of this section, shall be
paid from such appropriation as may be made by the Legislature.
(4) The * * * Department of Revenue
and its agents and employees shall cooperate with such investigators by
furnishing to them information as to any possible or suspected violations of
any of the laws mentioned herein, including specifically Section 69-29-27, and
in any other lawful manner.
(5) The conservation officers of the Department of Wildlife, Fisheries and Parks are authorized to cooperate with and assist the agricultural and livestock theft investigators in the enforcement and apprehension of violators of laws regarding agricultural and livestock theft.
* * *
( * * *6) For the purposes of this section,
"timber product" means timber of all kinds, species or sizes,
including, but not limited to, logs, lumber, poles, pilings, posts, blocks,
bolts, cordwood and pulpwood, pine stumpwood, pine knots or other distillate
wood, crossties, turpentine (crude gum), pine straw, firewood and all other
products derived from timber or trees that have a sale or commercial value.
SECTION 93. Section 69-37-5, Mississippi Code of 1972, is amended as follows:
69-37-5. As used in this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a) "Assessment" means the amount per acre to be charged each cotton grower to finance, in whole or part, a boll weevil suppression, pre-eradication, eradication or post-eradication program in this state. The assessments shall be based on scientifically sound data regarding the level of boll weevil infestation in the state and the anticipated cost of conducting the proposed program.
(b) "Board" means the Board of Directors of the Mississippi Boll Weevil Management Corporation.
(c) "Boll weevil" means Anthonomus grandis Boheman in any stage of development.
(d) "Mississippi Boll Weevil Management Corporation Board of Directors" means the statewide administrative board elected by all Mississippi cotton growers who are members of a local cotton growers association to serve and represent the interests and concerns of Mississippi cotton growers with respect to the administration of boll weevil management programs and the nonvoting advisory members as provided in Section 69-7-13.
(e) "Bureau"
means the Bureau of Plant Industry within the regulatory office of the
Mississippi Department of Agriculture and * * * Forestry.
(f) "Certificate" means a document issued or authorized by the Bureau of Plant Industry indicating that a regulated article is not contaminated with boll weevils.
(g) "Cotton growers association" means a local association with membership open to all Mississippi cotton growers. Cotton growers associations represent the interests and concerns of Mississippi cotton growers to the Mississippi Boll Weevil Management Corporation.
(h)
"Commissioner" means the Commissioner of Agriculture and * * * Forestry.
(i) "Containment/maintenance program" means a statewide program designed to monitor the level of boll weevil infestations to eliminate any reinfestation of boll weevils.
(j) "Corporation" means the Mississippi Boll Weevil Management Corporation.
(k) "Cotton" means any cotton plant or cotton plant products upon which the boll weevil is dependent for completion of any portion of its life cycle.
(l) "Cotton grower" means any person who under the rules and regulations of the United States Department of Agriculture is actively engaged in cotton farming.
(m)
"Department" means the Mississippi Department of Agriculture and * * * Forestry.
(n) "Eradication program" means any statewide program designed to eliminate, contain and monitor the boll weevil as an economic pest within a specified area.
(o) "Host" means any plant or plant product upon which the boll weevil is dependent for completion of any portion of its life cycle.
(p) "Infested" means actually infested with a boll weevil or so exposed to infestation that it would be considered infested according to criteria established by program management and the Mississippi Boll Weevil Management Corporation.
(q) "Information gathering program" means any statewide program designed to gather information that will be used in administering a boll weevil management program.
(r) "Management program" means any statewide program designed to suppress or eradicate, contain and monitor the boll weevil or to gather information that will be used in planning or implementing such suppression or eradication programs.
(s) "Permit" means a document issued or authorized by the Bureau of Plant Industry to provide for the movement of regulated articles to restricted designations for limited handling, utilization or processing.
(t) "Person" means any individual, partnership, corporation, company, society, association or other business entity.
(u) "Pest" means any species of plant, animal, or microbe that adversely affects cotton production; including, but not limited to: insects, weeds, nematodes, bacteria, fungi, and viruses.
(v) "Post-eradication program" means any unified program designed to maintain boll weevil free status in the program area.
(w) "Pre-eradication program" means any statewide program designed to reduce overall boll weevil populations before entering a full-scale eradication program.
(x) "Region" means a specific cotton growing area within the state as defined by the Technical Advisory Committee as those regions existed before July 1, 2010, defined based on similarities in boll weevil populations, cotton cultural practices, national topography and climate.
(y) "Regulated article" means any article of any character carrying or capable of carrying the boll weevil, including cotton plants, seed cotton, cottonseed, other hosts, gin trash, gin equipment, mechanical cotton pickers and other equipment associated with cotton production, harvesting or processing.
(z) "Suppression" means any statewide program designed to reduce overall boll weevil populations throughout the specified area.
(aa) "Technical Advisory Committee" means a group of professional scientists in the fields of entomology, agronomy, agricultural economics and other appropriate disciplines appointed by the Boll Weevil Management Board to provide technical guidance in developing and conducting effective boll weevil management programs.
SECTION 94. Section 69-45-5, Mississippi Code of 1972, is amended as follows:
69-45-5. For the purposes of this chapter, the following terms shall have the following meanings:
(a)
"Commissioner" means the Commissioner of Agriculture and * * * Forestry.
(b)
"Department" means the Department of Agriculture and * * * Forestry.
(c) "Person" means an individual, firm, partnership, corporation, association, business, trust, legal representative or any other business unit.
(d) "Reproduce" means to stencil, emboss, print, engrave, impress, imprint, lithograph or duplicate in any manner or to cause any such acts to be done.
(e) "Agricultural product" means any product that is at least fifty-one percent (51%) grown, processed or manufactured in the State of Mississippi.
(f)
"Division" means the Division of Market Development within the
Department of Agriculture and * * * Forestry.
The words "logo" and "program," whenever used in this chapter, shall include the plural as well as the singular.
SECTION 95. Section 69-46-3, Mississippi Code of 1972, is amended as follows:
69-46-3. (1) There is created the Mississippi Land, Water and Timber Resources Board, hereinafter referred to as "the board," for the purpose of assisting Mississippi agricultural industry in the development, marketing and distribution of agricultural products.
(2) The board shall be composed of the following members:
(a) The Chairman of the Senate Agriculture Committee, or a member of the Senate Agriculture Committee designated by the chairman, as a nonvoting member;
(b) The Chairman of the House of Representatives Agriculture Committee or a member of the House of Representatives Agriculture Committee designated by the chairman, as a nonvoting member;
(c) The Chairman of the Senate Forestry Committee, or a member of the Senate Forestry Committee designated by the chairman, as a nonvoting member;
(d) The Executive Director of the Mississippi Development Authority, or his designee;
(e) The Commissioner
of the Mississippi Department of Agriculture and * * * Forestry, or his designee;
(f) The President of the Mississippi Farm Bureau Federation, or his designee;
(g) The Director of the Cooperative Extension Service at Mississippi State University, or his designee;
(h) The Executive Director of the Agribusiness and Natural Resource Development Center at Alcorn State University, or his designee;
(i) The Director of the Agricultural Finance Division of the Mississippi Development Authority, or his designee;
(j) The Director of the Agriculture Marketing Division of the Mississippi Department of Agriculture and Commerce, or his designee;
(k) The * * *
State Forester, or his designee; and
(l) Three (3) individuals appointed by the Governor who are active producers of Mississippi land, water or timber commodities. The Governor shall appoint one (1) such person from each Supreme Court district.
(3) The Executive Director
of the Mississippi Development Authority and the Commissioner of the
Mississippi Department of Agriculture and * * * Forestry shall serve as co-chairmen
of the board.
(4) The board shall meet at least once each calendar quarter at the call of the co-chairmen. A majority of the members of the board shall constitute a quorum at all meetings. An affirmative vote of a majority of the members present and voting is required in the adoption of any actions taken by the board. All members must be notified, in writing, of all regular and special meetings of the board, which notices must be mailed at least ten (10) days before the dates of the meetings. All meetings shall take place at the State Capitol in Jackson, Mississippi. The board shall provide a copy of the minutes of each of its meetings to the Chairman of the Senate Agriculture Committee and the Chairman of the House of Representatives Agriculture Committee.
(5) Members of the board shall not receive compensation. However, each member may be paid travel expenses and meals and lodging expenses as provided in Section 25-3-41, for such expenses incurred in furtherance of their duties. Travel expenses and meals and lodging expenses and other necessary expenses incurred by the board shall be paid out of funds appropriated to the Mississippi Development Authority.
(6) In carrying out the provisions of the Mississippi Land, Water and Timber Resources Act, the board may utilize the services, facilities and personnel of all departments, agencies, offices and institutions of the state, and all such departments, agencies, offices and institutions shall cooperate with the board in carrying out the provisions of such act.
SECTION 96. Section 69-47-1, Mississippi Code of 1972, is amended as follows:
69-47-1. For the purpose of this chapter, the following terms shall have the following meanings:
(a) "Agricultural product" means any agricultural commodity or product, whether raw or processed, that is marketed for human consumption.
(b) "Certified organic farm" means a farm or portion of a farm or a site where agricultural products are produced that is certified by the United States Department of Agriculture under its National Organic Program standards as utilizing a system of organic farming.
(c) "Certifier" means an organic certifying agent accredited by the United States Department of Agriculture National Organic Program.
(d)
"Commissioner" means the Commissioner of the Mississippi Department
of Agriculture and * * * Forestry.
(e)
"Department" means the Mississippi Department of Agriculture and * * * Forestry.
(f) "EPA" means the United States Environmental Protection Agency.
(g) "Farm plan" means a plan of management of an organic farm that has been agreed to by the producer or handler meeting all requirements established by the United States Department of Agriculture National Organic Program and that includes written plans concerning all aspects of agricultural production or handling, including all practices required under this chapter.
(h) "FDA" means the United States Food and Drug Administration.
(i) "Greenhouse unit" or "unit" means a structure intended or used for the production of agricultural products.
(j) "Handler" means any person engaged in the business of handling agricultural products, except such term shall not include final retailers of agricultural products that do not process agricultural products.
(k) "Mississippi organic materials and practices (MOMP)" means a list of approved and prohibited substances and practices as adopted.
(l) "Organic farming" means a food production system based on farm-management methods or practices that rely on building soil fertility by utilizing crop rotation, recycling of organic wastes, application of unsynthesized minerals and, when necessary, mechanical, botanical or biological pest control.
(m) "Organic food" means a food which is labeled as organic or organically grown and which has been produced, transported, distributed, processed and packaged without the use of synthetic pesticides, synthetically compounded fertilizers, synthetic growth hormones, genetically modified organisms or artificial radiation and which has been verified by the department as complying with all provisions of this chapter.
(n) "Organically managed or produced" means an agricultural product that is produced and handled in accordance with all the provisions of this chapter and any regulations adopted thereunder.
(o) "Person" means an individual, group of individuals, corporation, association, organization, cooperative or other entity.
(p) "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest and any substance or combination of substances intended for use as a plant regulator, defoliant, desiccant or any substance the commissioner determines to be a pesticide.
(q) "Processing" means cooking, baking, heating, drying, mixing, grinding, churning, separating, extracting, cutting, fermenting, preserving, dehydrating, freezing or otherwise manufacturing and includes the packaging, canning, jarring or otherwise enclosing food in a container.
(r) "Producer" means a person who engages in the business of growing or producing food, feed and ornamental plants.
(s) "Prohibited substances, fertilizers, materials, pesticides" mean those substances, fertilizers, materials, pesticides or practices prohibited by this chapter or regulations from use in a certified organic farming operation.
(t) "Restricted" means substances and practices which use is limited or qualified by the commissioner.
(u) "Tolerance" means the amount of a pesticide permitted on raw or processed agricultural commodities.
(v) "Organic assisting agent" means the Mississippi State University Cooperative Extension Service.
SECTION 97. Section 79-22-5, Mississippi Code of 1972, is amended as follows:
79-22-5. For the purpose of this chapter unless the context clearly requires otherwise:
(a) "Aquaculture" means any form of agriculture that includes the process of growing, farming, cultivating and/or harvesting cultured aquatic products in marine or freshwaters and includes management by an aquaculturist.
(b) "Aquaculturist" is a person who is engaged in the cultivating of cultured aquatic products.
(c) "Aquaculture facility" means any facility or resources that are used for aquaculture activities and operations in Mississippi.
(d) "Cultured aquatic products" are marine or freshwater plants and animals that are propagated, farmed or cultivated in an aquaculture facility under the supervision and management of an aquaculturist or that are naturally produced in an aquaculture facility which at the time of production are under the active supervision and management of an aquaculturist.
(e)
"Department" means the Department of Agriculture and * * * Forestry.
(f) A "cultivation permit" is a permit issued by the department applicable to design criteria to prevent release of certain cultured aquatic products from an aquaculture facility into the environment.
(g) A "marketing permit" is a permit issued by the department to provide a mechanism for tracing certain marketed and cultured aquatic products to verify that they were cultured in an aquaculture facility and were not harvested from wild stocks and to prevent the release of undesirable species into the environment.
SECTION 98. Section 69-27-2, Mississippi Code of 1972, is amended as follows:
69-27-2. The * * * Mississippi
Commission on Environmental Quality shall be the State Soil and Water
Conservation Commission and shall retain all powers and duties as were
accorded to the * * *
commission, and wherever the term "State Soil and Water
Conservation Committee" or "committee," "State
Soil and Water Conservation Commission" or "commission"
appears in any law heretofore or hereafter enacted, the same shall be construed
to mean the * * * Mississippi Commission on
Environmental Quality. All powers, duties, employees, equipment, funds
and resources of the State Soil and Water Commission shall be transferred to
the Commission on Environmental Quality.
SECTION 99. Section 69-27-7, Mississippi Code of 1972, is amended as follows:
69-27-7. Wherever used or referred to in this article, unless a different meaning clearly appears from the context:
(a) "District" or "soil and water conservation district" means a governmental subdivision of this state, and a public body, corporate and politic, organized in accordance with the provisions of this article, for the purposes, with the powers and subject to the restrictions hereinafter set forth.
(b) "Commissioner" means one (1) of the members of the governing body of a district, elected or appointed in accordance with the provisions of this article.
(c)
"Committee" or "State Soil and Water Conservation Committee," * * * or "State * * * Soil and Water Conservation Commission" * * * means the Commission
on Environmental Quality acting through the Executive Director of the
Department of Environmental Quality.
(d) "Petition" means a petition filed under the provisions of Section 69-27-15 for the creation of a district.
(e) "Nominating petition" means a petition filed under the provisions of Section 69-27-31 to nominate candidates for the office of commissioner of a soil and water conservation district.
(f) "State" means the State of Mississippi.
(g) "Agency of this state" includes the government of this state and any subdivision, agency or instrumentality, corporate or otherwise, of the government of this state.
(h) "United States" or "agencies of the United States" includes the United States of America, the United States Department of Agriculture, and any other agency or instrumentality, corporate or otherwise, of the United States of America.
(i) "Government" or "governmental" includes the government of this state, the government of the United States, and any subdivision, agency or instrumentality, corporate or otherwise, of either of them.
(j) "Landowner" or "owner of land" includes any person, firm or corporation who shall hold legal or equitable title to any lands lying within a district organized under the provisions of this article.
(k) "Land operator" or "operator of land" includes any person, firm or corporation, other than the owner, who shall be in possession of any lands lying within a district organized under the provisions of this article, whether as lessee, renter, tenant or otherwise.
(l) "Due notice" means notice published at least three (3) times with an interval of at least seven (7) days between each publication date, in a newspaper of general circulation within the area where the land proposed to be included in a conservation district is located, or if no such newspaper or general circulation be available, by posting at a reasonable number (not less than five (5)) of conspicuous places within such area, such posting to include posting one (1) copy upon the bulletin board of the courthouse of each county where any of the lands in such proposed district may be located. Notice shall also be given by United States mail to all of the landowners of the proposed district or the district of any hearing or election. At any hearing held pursuant to such notice, at the time and place designated in such notice, adjournment may be made from time to time without the necessity of renewing such notice for such adjourned dates.
SECTION 100. Section 69-27-9, Mississippi Code of 1972, is amended as follows:
69-27-9. (1) The State Soil and Water Conservation Commission shall be an advisory council to the Commission on Environmental Quality and shall advise the Mississippi Commission on Environmental Quality and the Mississippi Department of Environmental Quality on matters within its jurisdiction.
( * * *2) The State Soil and Water
Conservation Commission shall be constituted as follows:
(a) Eleven (11) voting members:
(i) The Commissioner of Agriculture and Commerce;
(ii) The State Forester;
(iii) The President of the Mississippi Association of Soil and Water Conservation District Commissioners;
(iv) The first vice president of the association;
(v) The second vice president of the association;
(vi) The immediate or most recent ex-president of the association willing and able to serve; and
(vii) Five (5) members to be elected from the membership of the soil and water conservation district commissioners at the annual meeting of the association, one (1) from each United States congressional district by a caucus of the association members from each congressional district as constituted at the time of the caucus, to be elected as follows: First District, one (1) member elected for a one-year term, beginning January 1, 1968, and ending January 1, 1969, his successor to be similarly elected at the 1968 annual meeting of the association for a three-year term ending January 1, 1972, and each successor elected in the succeeding third annual meeting for a three-year term; Second District, one (1) member elected for a two-year term beginning January 1, 1968, and ending January 1, 1970, his successor to be similarly elected at the 1969 annual meeting of the association for a three-year term ending January 1, 1973, and each successor elected in the succeeding third annual meeting for a three-year term; Third District, election to be similar to the Second District; Fourth District, one (1) member elected for a three-year term beginning January 1, 1968, and ending January 1, 1971, each successor to be similarly elected at the succeeding third annual meeting for a three-year term; Fifth District, election to be similar to Fourth District.
(viii) The elected members of the board as constituted on January 15, 2003, shall continue to serve until the expiration of their respective terms. As the terms of the five (5) members expire, the members shall be elected as follows: one (1) member from each congressional district by caucus of the association members from each congressional district as constituted at the time of the caucus and the remainder to be elected from the state at large by the membership of the association. The position and term of the member elected from the Third District whose term expires January 1, 2004, shall be the term and position of the at-large member.
(b) The purpose of the above procedure is to provide that when put into effect, elected members will serve three-year staggered terms. The State Soil and Water Conservation Commission is empowered to adopt and carry out procedures for filling unexpired terms of its elected members. The incumbent will continue to serve until his successor is duly qualified and enters into the duties of his office.
(c) Two (2) members shall serve ex officio and without voting power, but with all privileges of discussion and debate as follows:
(i) The Director of the State Extension Service; and
(ii) The Director of the State Agricultural and Forestry Experimental Station.
(d) Such nonvoting ex officio member who, due to the pressure of his other required official duties, believes that he will be unable to regularly attend meetings of the commission shall designate a substitute to attend in his stead with the same rights and privileges that he would have had.
( * * *3) The commission shall designate its
chairman and vice chairman and may, from time to time, change such
designation. A majority of the voting members of the commission shall
constitute a quorum, and the concurrence of a majority in any matter within
their duties shall be required for its determination. The voting members of
the commission shall receive a per diem at the uniform rate established in
Section 25-3-69, Mississippi Code of 1972, for their services on the commission
for not more than thirty-six (36) days in any one calendar year. In addition,
and in the discretion of the commission, all members may be entitled to
expenses, including traveling expenses, necessarily incurred in the discharge
of their duties on the commission, not to exceed the rate established in
Section 25-3-41, Mississippi Code of 1972, for state officers and employees. * * *
( * * *4) The commission shall keep a record
of its official actions, shall adopt a seal, which seal shall be judicially
noticed, and may perform such acts, hold such public hearings, and * * * advise the Commission on
Environmental Quality on such rules and regulations as may be necessary for
the execution of its functions under this article.
SECTION 101. Section 69-27-11, Mississippi Code of 1972, is amended as follows:
69-27-11. The * * * Executive
Director of the Department of Environmental Quality may employ an
administrative officer and such technical experts and such other agents and
employees, permanent and temporary, as it may require, and shall determine
their qualifications, duties and compensation. * * * The * * * Department of Environmental
Quality shall * * * provide suitable office accommodations at
Mississippi State University of Agriculture and Applied Science or at Jackson,
or at any place where the * * *committee Executive Director of the Department of
Environmental Quality shall designate. Upon request of the * * * Executive Director of the
Department of Environmental Quality, for the purpose of carrying out any of
its functions, the supervising officer of any state agency or of any state
institution of learning shall, insofar as may be possible under available
appropriations, and having due regard for the needs of the agency to which the
request is directed, assign or detail to the committee, members of the staff or
personnel of such agency or institution of learning, the duty of making such
special reports, surveys or studies as the * * * executive director may
request.
SECTION 102. Section 69-27-13, Mississippi Code of 1972, is amended as follows:
69-27-13. The * * * Commission on
Environmental Quality, acting through the Department of Environmental Quality,
shall have the following duties and powers:
(a) To offer any assistance as may be appropriate to the commissioners of soil and water conservation districts in the carrying out of their powers and programs.
(b) To keep the commissioners of each of the districts informed of the activities and experience of all other districts, and to facilitate cooperation between districts.
(c) To coordinate the programs of the soil and water conservation districts.
(d) To secure the cooperation and assistance of the United States and any of its agencies and of agencies of this state in the work of the districts.
(e) To disseminate information concerning the activities and programs of the soil and water conservation districts, and to encourage the formation of districts.
(f) To seek and receive grants of monies, and other assets, from any source to carry out this article.
(g) To distribute any appropriated or other funds or assets under its control, from state, federal or other governmental agencies or political subdivisions, or from private grants, including matching funds to districts.
(h) To establish and administer qualification standards for district commissioners and officers.
(i) To give guidance and overall supervision to districts when assistance is requested, or acceptable.
(j) To study, classify and evaluate land use needs and problems in the State of Mississippi; to make recommendations leading to adoption of land use policy and broad guidelines for meeting the needs and problems so identified.
(k) To demonstrate to landowners and operators within the state, equipment that will demonstrate energy and soil and water conservation.
(l) To enter into and to authorize the executive director to execute with the approval of the commission, contracts, grants, cooperative agreements and memoranda of understanding with any federal or state agency or subdivision thereof, or any public or private institution location inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the purposes of this article.
(m) * * * To delegate to the Executive Director of the
Department of Environmental Quality in such manner it sees fit the duties and
powers relating to soil and water conversation under this article.
SECTION 103. Section 69-27-14, Mississippi Code of 1972, is amended as follows:
69-27-14. (1) There is
hereby created in the State Treasury a fund designated as the Wildflower Seed
Revolving Fund to be used by the * * *
Department of Environmental Quality to contract for the purchase of
wildflower seeds from public or private providers, for resale to local
conservation districts or other governmental entities for planting programs.
(2) The Wildflower
Revolving Fund shall be funded by monies received from the sale of seeds to the
local conservation districts or other governmental entities. Monies collected
from the sales shall be deposited into the Wildflower Revolving Fund. The
State Treasurer shall make disbursements for payment of purchase of wildflower
seeds upon requisition by the * * * Department
of Environmental Quality and upon the issuance of warrants by the
Department of Finance and Administration.
SECTION 104. Section 69-27-31, Mississippi Code of 1972, is amended as follows:
69-27-31. Within thirty
(30) days after the date of issuance by the Secretary of State of a certificate
of organization of a soil and water conservation district, nominating petitions
may be filed with the * * * Department of Environmental
Quality to nominate candidates for commissioners of such district. The * * * Executive Director of the
Department of Environmental Quality shall have authority to extend the time
within which nominating petitions may be filed. No such nominating petition
shall be accepted by the * * *committee department unless it shall be subscribed by
twenty-five (25) or more owners of lands lying within the boundaries of such
district. Landowners may sign more than one such nominating petition to
nominate more than one (1) candidate for commissioner but in no event
shall a landowner sign more than three (3) such nominating petitions. The * * * department is hereby
authorized to enact and implement rules to provide that not more than one
commissioner shall be a resident of any one county or supervisors district,
unless there is no person qualified and willing to serve in another county or
supervisors district. The * * * department shall give due
notice of an election to be held for the election of three (3) commissioners
for the district. The names of all nominees, on behalf of whom such nominating
petitions have been filed within the time herein designated, shall appear,
arranged in alphabetical order of the surnames, upon ballots, with a square
before each name and a direction to insert an X mark in the square before any
three (3) names to indicate the voter's preference. All owners of lands lying
within the district shall be eligible to vote in such election. Only such
landowners shall be eligible to vote. The three (3) candidates who receive a
majority of the votes cast in such an election shall be elected commissioners
for such district. In the event any candidate fails to receive a majority,
then the candidates receiving the largest number of votes shall run off in an
election to be held two (2) weeks thereafter. The * * * department shall pay all the
expenses of such elections, shall supervise conduct thereof, shall prescribe
regulations governing the conduct of such election and the determination of the
eligibility of voters therein, and shall publish the results of same.
SECTION 105. Section 69-27-61, Mississippi Code of 1972, is amended as follows:
69-27-61. The * * * Commission
on Environmental Quality, acting through the Department of Environmental
Quality, shall determine from each existing soil and water conservation
district from which territory may be withdrawn in the adjustment of boundaries,
or revision of a district, the value of cash or bonds on hand, and shall also
make an appraisal of the cash value of the equipment, land, or other property
of these affected districts, on hand as of the date of issuance of the
certificate of organization by the Secretary of State to the revised district,
and shall divide the liquid assets on the basis of the proportion of territory
withdrawn from the existing district to the total territory in the existing
district, make equitable distribution of the equipment, and partition any real
property. The decision of the * * * Commission
on Environmental Quality in this division of assets shall be final.
SECTION 106. Section 69-27-301, Mississippi Code of 1972, is amended as follows:
69-27-301. The following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a)
"Commission" shall mean the * * *
Commission on Environmental Quality acting through the Executive Director of
the Department of Environmental Quality.
(b) "District" or "soil and water conservation district" means a governmental subdivision of the state and a public body, corporate and politic, organized in accordance with the provisions of Section 69-27-1, Mississippi Code of 1972, for the purposes, with the powers and subject to the restrictions hereinafter set forth.
(c) "State" means the State of Mississippi.
(d) "Agency of this state" includes the government of this state and any subdivision, agency or instrumentality, corporate or otherwise, of the government of this state.
(e) "United States" or "agencies of the United States" includes the United States of America, the United States Department of Agriculture, and any other agency or instrumentality, corporate or otherwise, of the United States of America.
(f) "Government" or "governmental" includes the government of this state, the government of the United States, and any subdivision, agency or instrumentality, corporate or otherwise, of either of them.
(g) "Landowner" or "owner of land" includes any person, firm, or corporation who shall hold legal or equitable title to any lands lying within a soil and water conservation district.
(h) "Land operator" or "operator of land" includes any person, firm or corporation, other than the owner, who shall be in possession of any lands lying within a soil and water conservation district whether as lessee, renter, tenant or otherwise.
(i) "Eligible lands" shall mean lands owned or leased by a private individual, group or association, and lands owned by the State of Mississippi or any political subdivision thereof.
(j) "Cost-share
assistance" shall mean partial financial assistance in such amounts as the
commission, in its discretion, shall determine, subject to the limitations as
set by the * * * department.
(k) "Approved practice" means those farming practices or operations that are carried out in a manner that will directly benefit the conservation, development or proper utility of soil and water resources.
SECTION 107. Section 69-27-303, Mississippi Code of 1972, is amended as follows:
69-27-303. The * * * department shall serve as the
administrator of the provisions of this act and shall serve as the disbursing
agency for funds to be expended from and deposited to the credit of the Soil
and Water Cost-Share Program.
SECTION 108. Section 69-27-305, Mississippi Code of 1972, is amended as follows:
69-27-305. The * * * department and districts are
authorized to employ such professional and clerical assistance and obtain such
supplies and equipment as needed to implement this program.
SECTION 109. Section 69-27-307, Mississippi Code of 1972, is amended as follows:
69-27-307. The Commission on
Environmental Quality, acting through the Department of Environmental Quality,
shall adopt and promulgate such rules and regulations as necessary for the
implementation of the Mississippi Soil and Water Cost-Share Program. The * * * department is authorized to
conduct public hearings or otherwise seek the advice, counsel and
recommendations of interested owners, associations, industrialists or other
persons or groups. Adequate notice of any public hearing must be provided
within the general area of the site of the hearing. The * * * department shall publish such
rules and regulations and shall make the same available upon request.
SECTION 110. Section 69-27-308, Mississippi Code of 1972, is amended as follows:
69-27-308. For a district
commissioner to participate in any water quality cost-share project funded
directly or indirectly by the United States Environmental Protection Agency,
the district board of which the commissioner is a member shall not participate
in the proposal, development, planning, advisory or implementation phases of
the project. The * * * Department of
Environmental Quality shall make all decisions without the involvement of
the district board.
SECTION 111. Section 69-27-309, Mississippi Code of 1972, is amended as follows:
69-27-309. The * * * department is authorized to
use money appropriated therefor to assist in implementing approved practices on
a cost-sharing basis on eligible lands in the State of Mississippi.
SECTION 112. Section 69-27-311, Mississippi Code of 1972, is amended as follows:
69-27-311. The Commission on Environmental Quality, with the advice of the Soil and Water Commission and acting through the Department of Environmental Quality, shall have the following powers and duties to implement the provisions of the Mississippi Soil and Water Cost-Share Program:
(a) To determine which approved practices shall be eligible for cost-share assistance;
(b) To establish maximum sums and cost-share rates which any one (1) eligible landowner or land operator may receive for implementation of an approved practice;
(c) To review
periodically the costs of establishing conservation practices and to make such
adjustment as, in the discretion of the * * * department, is necessary.
Upon request of the * * * department, the Attorney
General of the State of Mississippi shall institute proper legal proceedings to
recover any or all of the cost-share assistance provided an eligible landowner
or land operator if the * * *commission department shall determine that the
landowner or land operator failed to implement any portion of or all of the
practice approved by the * * *commission department for such landowner or land
operator, and if the * * *
department determines that legal proceedings are necessary and proper.
SECTION 113. Section 69-27-331, Mississippi Code of 1972, is amended as follows:
69-27-331. (1) (a) The * * * Department
of Environmental Quality, subject to the restrictions provided in Sections
69-27-331 through 69-27-341, is authorized to acquire and to make available, or
to assist in acquiring or making available to soil and water conservation
districts, heavy or specialized machinery or equipment deemed necessary for
installation and implementation of soil and water conservation practices or
measures.
(b) The heavy or
specialized machinery or equipment purchased under this section may be either
new or used. The * * *
department may purchase used equipment through a duly licensed and
authorized public auction of agricultural, heavy or specialized equipment as
authorized under Section 31-7-13.
(2) When the * * * department acquires or makes
available to any district the machinery or equipment referred to in subsection
(1) of this section, it shall require the district to fully amortize to the * * * department any amount so
expended by the * * *
department for such assistance. The amount and method of amortization
for each piece of heavy or specialized machinery or equipment shall be determined
by the * * *
department in conjunction with the soil and water conservation
district. In making this determination, the following shall be considered:
(a) full amortization to the * * * department of the capital
outlay for the machinery or equipment over the period of its reasonably
anticipated full usefulness; and, when necessary (b) (i) cover the cost of
operation, maintenance and repairs; (ii) pay the usual cost of providing an
operator; (iii) compensate the district for the usual costs of transportation
from one (1) job to another.
(3) In giving effect to all
of the foregoing, the * * *
department shall estimate the amount of time such machinery or equipment
would ordinarily be idle.
SECTION 114. Section 69-27-333, Mississippi Code of 1972, is amended as follows:
69-27-333. The * * * Department
of Environmental Quality shall retain title to each piece of heavy or
specialized machinery or equipment so purchased and made available to any soil
and water conservation district until such time as the district fully amortizes
the * * *
department's investment in such machinery or equipment. After the * * * department's investment in
such machinery or equipment has been fully amortized, it is authorized and
empowered to transfer the title thereto to the district.
SECTION 115. Section 69-27-337, Mississippi Code of 1972, is amended as follows:
69-27-337. The amount paid
by any such district to the * * * department for amortization
purposes shall be made semiannually. When payments are not received by the * * * department within sixty (60)
days of the due date the * * *commission department shall take all necessary actions
to collect such delinquent payments. Amounts received or collected hereunder
shall be credited to the revolving fund created in Section 69-27-343.
SECTION 116. Section 69-27-341, Mississippi Code of 1972, is amended as follows:
69-27-341. The Commission on Environmental Quality, acting through the Department of Environmental Quality, is authorized to promulgate such rules and regulations or methods of accounting as may be necessary or expedient to give effect to the purposes expressed in Sections 69-27-331 through 69-27-341.
SECTION 117. Section 69-27-345, Mississippi Code of 1972, is amended as follows:
69-27-345. The * * * Commission on
Environmental Quality is authorized, at one time or from time to time, to
declare by resolution the necessity for issuance of negotiable general
obligation bonds of the State of Mississippi to provide funds for the revolving
fund established in Section 69-27-343. Upon the adoption of a resolution by
the commission, declaring the necessity for the issuance of any part or all of
the general obligation bonds authorized by Sections 69-27-345 through 69-27-365,
the Commission on Environmental Quality shall deliver a certified copy
of its resolution or resolutions to the State Bond Commission. Upon receipt of
same, the State Bond Commission, in its discretion, shall act as the issuing
agent, prescribe the form of the bonds, advertise for and accept bids, issue
and sell the bonds so authorized to be sold, and do any and all other things
necessary and advisable in connection with the issuance and sale of such
bonds. The amount of bonds issued under Sections 69-27-345 through 69-27-365
shall not exceed Five Hundred Thousand Dollars ($500,000.00) in the aggregate.
SECTION 118. Section 69-27-369, Mississippi Code of 1972, is amended as follows:
69-27-369. (1) The * * * Department
of Environmental Quality is hereby authorized to retain all funds generated
from the sale of equipment. Any funds made available from the sale of
equipment shall be deposited into the special fund in the State Treasury to the
credit of the * * * Department of Environmental Quality
and shall be used solely for the purpose of purchasing equipment.
(2) Sales of equipment may
be made by the * * * Department of Environmental
Quality by any lawful method, including public auction. The Department of
Audit shall adopt rules and regulations governing any sale conducted by public
auction.
SECTION 119. Section 69-28-3, Mississippi Code of 1972, is amended as follows:
69-28-3. As used in this chapter, unless the context clearly indicates otherwise:
(a) "Agricultural production" means those operations including associated land and facility management activities engaged in the commercial propagation, raising, harvesting and/or processing of any plant or animal or products thereof for the purposes of consumption, utilization, goods or services either on-site or for distribution.
(b) "Farmland" means land and associated facilities involved in agricultural production activities.
(c) "Agricultural district" means those properties residing within a contiguous boundary and meeting appropriate criteria for designation as such by the local soil and water conservation district.
(d) "Soil and water conservation district" means that governmental body established by Section 69-27-15 et seq.
(e) "State Soil
and Water Conservation Commission" * * * shall mean the Commission on Environmental Quality.
(f) "District commissioners" means the governing body of the local soil and water conservation district.
(g) "Ownership" means any individual, family, company, corporation or organization holding title to property within a proposed or established agricultural district.
(h) "Petition" means the application and the application process for designation of an agricultural district as submitted to the local soil and water conservation district.
SECTION 120. Section 69-29-103, Mississippi Code of 1972, is amended as follows:
69-29-103. The following words, or similar words, when used in this article shall have the following meaning unless the context clearly indicates otherwise:
(a)
"Commissioner" means the Commissioner of Agriculture and * * * Forestry of the State of
Mississippi, under whose supervision this article is placed.
(b) "Bureau"
means the Mississippi Agricultural and Livestock Theft Bureau, or its
successor, in the Department of Agriculture and * * * Forestry, under the
administration of the Commissioner of Agriculture and * * * Forestry for the apprehending
of cattle and other livestock thieves.
(c) "Brand" means any recorded identification mark applied to any position on the hide of a live animal by means of heat, acid or chemical.
(d) "Person" means any individual, partnership, association or corporation.
(e) "Livestock" means horses, cattle, swine, sheep, poultry and other domestic or exotic animals, birds or fish produced for profit.
(f) "Livestock
market" means any place at which a person assembles livestock either for
public or private sale by him, such services to be compensated for by the owner
on a * * *
department basis or otherwise, or where such person purchases livestock
for resale, except:
(i) Any place other than at a permanently established livestock market used solely for the dispersal sale of the livestock of a farmer, dairyman, livestock breeder or feeder who is discontinuing said business and no other livestock is there sold or offered for sale;
(ii) Any farm, ranch, or place where livestock either raised or kept thereon for the grazing season or for fattening is sold, and no other livestock is brought there for sale or offered for sale;
(iii) The premises of any person engaged in the raising of livestock for breeding purposes only, who limits his or its sale to animals of his or its own production;
(iv) Any place where a breeder or an association of breeders of livestock of any class assemble and offer for sale and sell under his or their own management any livestock, when such breeder or association of breeders shall assume all responsibility of such sale and the title of livestock sold.
(g) "Mark" means a distinct marking or device placed on a live animal sufficient to distinguish the animal readily if it becomes intermixed with other animals, and includes a tattoo.
SECTION 121. Section 69-29-111, Mississippi Code of 1972, is amended as follows:
69-29-111. The Department
of Agriculture and * * * Forestry shall prescribe and furnish forms on which
applications for registration, reregistration and transfer of brands or marks
shall be made and shall furnish such forms to the sheriff and the county
agricultural agent of each county of the state to be distributed on request to
livestock owners desiring to make application for registration of brands or
marks and such applications may also be furnished to applicants by the
department. The department shall maintain a complete register of all brands or
marks, showing the name and address of the owner, and shall annually publish
and distribute copies of this register and supplementary copies thereof to every
livestock market and sheriff's office and chancery clerk in the state. Copies
of the register of brands and marks may be furnished to other persons
requesting such copies, at a price to be determined by the department. Copies
of the register of brands and marks shall be published in booklet form. The
department shall also determine from its records of registration the ownership
of any estrayed cattle and furnish such information to interested persons, upon
receipt of notice giving details of the kind of animal, color, weight, size,
sex, age, marks, brands and other identifying information.
SECTION 122. Section 69-29-115, Mississippi Code of 1972, is amended as follows:
69-29-115. The Department
of Agriculture and * * * Forestry shall have authority to promulgate such
rules and regulations as are reasonably necessary to carry out the intent and
purpose of this article and that shall facilitate the tracing and
identification of livestock and afford protection against stealing and unlawful
dealing in livestock.
Any driver moving livestock from any advertised sale shall have a bill of sale or other written evidence of purchase for the livestock in his possession, to be shown on request of any duly authorized law enforcement officer and to be delivered to the purchaser with delivery of the livestock.
SECTION 123. Section 69-31-1, Mississippi Code of 1972, is amended as follows:
69-31-1. As used in this chapter, unless the context requires otherwise:
(a) "Agricultural products" means any product of agriculture which is tested for moisture content when offered for sale, processing or storage.
(b)
"Commissioner" means the Commissioner of the Mississippi Department
of Agriculture and * * * Forestry.
(c)
"Department" means the Department of Agriculture and * * * Forestry.
(d) "Moisture-measuring devices" means any device or instrument used by any person in proving or ascertaining the moisture content of agricultural products.
(e) "Person" means any individual, corporation, partnership, cooperative association, or two (2) or more persons having a joint or common interest in the same venture.
SECTION 124. Section 69-31-3, Mississippi Code of 1972, is amended as follows:
69-31-3. The Commissioner of Agriculture and Forestry is hereby charged with the enforcement of this chapter and is empowered to promulgate rules, regulations, specifications, standards and tests as may be necessary in order to secure the efficient administration of this chapter. The department may, from time to time, publish such data in connection with the administration of this chapter as may be of public interest.
SECTION 125. Section 69-39-1, Mississippi Code of 1972, is amended as follows:
69-39-1. This chapter shall
be known and may be cited as "The Mississippi Agricultural Liming
Materials Act of 1993." This chapter shall be administered by the
Commissioner of Agriculture and * * * Forestry of the State of
Mississippi herein referred to as the "commissioner."
SECTION 126. Section 69-39-3, Mississippi Code of 1972, is amended as follows:
69-39-3. The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:
(a) "Agricultural liming materials" means products containing calcium and magnesium compounds that are capable of neutralizing soil acidity.
(b) "Limestone" means a material consisting essentially of calcium carbonate or a combination of calcium carbonate with magnesium carbonate capable of neutralizing soil acidity.
(c) "Calcitic limestone" means a calcareous rock composed wholly or largely of calcium carbonate.
(d) "Dolomitic limestone" means a calcareous rock composed of calcium and magnesium carbonates with a minimum elemental magnesium (Mg) content of six percent (6%).
(e) "Burnt lime" means a material made from limestone that consists essentially of calcium oxide or a combination of calcium oxide with magnesium oxide.
(f) "Hydrated lime" means a material, made from burnt lime, that consists of calcium hydroxide or a combination of calcium hydroxide with magnesium oxide and/or magnesium hydroxide.
(g) "Marl" or "chalk" means a granular or loosely consolidated earthy material composed largely of sea shell fragments and calcium carbonate.
(h) "Ground shells" means a product obtained by the grinding of shells of mollusks and that shall carry the name of mollusk origin.
(i) "Industrial by-product" means any industrial waste or by-product containing calcium or calcium and magnesium in forms that will neutralize soil acidity.
(j) "Brand" means the term, designation, trademark, product name or other specific designation under which individual agricultural liming material is offered for sale.
(k) "Fineness" means the percentage by weight of the material that will pass United States Standard sieves of specified sizes. The commissioner shall promulgate regulations relating to fineness.
(l) "Ton" means two thousand (2,000) pounds avoirdupois.
(m) "Percent" or "percentage" means by weight.
(n) "Bulk" means in nonpackaged form.
(o) "Label" or "labeling" means all written, printed or graphic matter upon or accompanying any agricultural liming material or advertisements, brochures, posters, television and radio announcements used in promoting the sale of such agricultural liming material.
(p)
"Commissioner" means the Commissioner of Agriculture and * * * Forestry of the State of
Mississippi, or his agents and employees.
(q) "Person" means any individual, partnership, corporation, association or other legal entity or organization.
(r) "Calcium carbonate equivalent" means the acid neutralizing capacity of an agricultural liming material expressed as weight percentage of calcium carbonate.
(s) "Weight" means the weight of undried material as offered for sale.
SECTION 127. Section 69-44-1, Mississippi Code of 1972, is amended as follows:
69-44-1. The purpose of this chapter is to promote the growth and development of the corn industry in Mississippi by research, advertisement promotions and education and market development, thereby promoting the general welfare of the people of this state.
For purposes of this chapter:
(a) "Board" means the Mississippi Corn Promotion Board.
(b)
"Department" means the Mississippi Department of Agriculture and * * * Forestry.
SECTION 128. Section 69-48-1, Mississippi Code of 1972, is amended as follows:
69-48-1. The purpose of this chapter is to promote the growth and development of the peanut industry in Mississippi by research, advertisement promotions and education and market development, thereby promoting the general welfare of the people of this state.
For purposes of this chapter:
(a) "Board" means the Mississippi Peanut Promotion Board.
(b) "Department"
means the Mississippi Department of Agriculture and * * * Forestry.
SECTION 129. Section 69-51-5, Mississippi Code of 1972, is amended as follows:
69-51-5. (1)
The Commissioner of Agriculture and * * * Forestry is authorized to make
cash payments to producers of ethanol, anhydrous alcohol, bio-diesel and wet
alcohol located in the state. These payments shall apply only to ethanol, bio-diesel,
anhydrous alcohol and wet alcohol fermented and produced at plants in the
state. For purposes of this section, an entity that holds a controlling
interest in more than one (1) ethanol or bio-diesel plant is considered a
single producer. The amount of the payment for each producer's annual
production is:
(a) Except as provided in subsection (2) of this section, for each gallon of ethanol, bio-diesel or anhydrous alcohol produced in Mississippi in accordance with subsection (13) of this section on or before June 30, 2005, or for ten (10) years after the start of production, whichever is later, Twenty Cents (20¢) per gallon; and
(b) For each gallon of wet alcohol produced in Mississippi in accordance with subsection (13) of this section on or before June 30, 2005, or for ten (10) years after the start of production, whichever is later, a payment in cents per gallon calculated by the formula "alcohol purity in percent divided by five (5)," and rounded to the nearest cent per gallon, but not less than Eleven Cents (11¢) per gallon.
The producer payments for anhydrous alcohol, bio-diesel and wet alcohol under this section may be paid to the original producer.
No payments shall be made for production that occurs after June 30, 2015.
(2) If the level of production at an ethanol or bio-diesel plant increases due to an increase in the production capacity of the plant, the payment under subsection (1)(a) of this section applies to the additional increment of production until ten (10) years after the increased production began. Once a plant's production capacity reaches thirty million (30,000,000) gallons per year, no additional increment shall qualify for the payment.
(3) The commissioner is authorized to make payments to producers of ethanol, bio-diesel or wet alcohol in the amount of One and One-half Cents (1-1/2¢) for each kilowatt hour of electricity generated using biomass in a cogeneration facility at an ethanol plant located in the state. Payments under this subsection shall be made only for electricity generated at cogeneration facilities that begin operation by June 30, 2005. The payments apply to electricity generated on or before the date ten (10) years after the producer first qualifies for payment under this subsection. Total payments under this subsection in any fiscal year may not exceed Seven Hundred Fifty Thousand Dollars ($750,000.00). For the purposes of this subsection:
"Cogeneration" means the combined generation of:
(a) Electrical or mechanical power; and
(b) Steam or forms of useful energy, such as heat, that are used for industrial, commercial, heating or cooling purposes.
(4) Payments under subsections (1) and (2) of this section to all producers may not exceed Thirty-seven Million Dollars ($37,000,000.00) in a fiscal year. Total payments under subsections (1) and (2) of this section to a producer in a fiscal year may not exceed Six Million Dollars ($6,000,000.00).
(5) By the last day of October, January, April and July, each producer shall file a claim for payment for ethanol, bio-diesel, anhydrous alcohol and wet alcohol production during the preceding three (3) calendar months. A producer with more than one (1) plant shall file a separate claim for each plant. A producer that files a claim under this subsection shall include a statement of the producer's total ethanol, bio-diesel, anhydrous alcohol and wet alcohol production in Mississippi during the quarter covered by the claim, including anhydrous alcohol and wet alcohol produced or received from an outside source. A producer shall file a separate claim for any amount claimed under subsection (3) of this section. For each claim and statement of total ethanol, bio-diesel, anhydrous alcohol and wet alcohol production filed under this section, the volume of ethanol, bio-diesel, anhydrous alcohol and wet alcohol production or amounts of electricity generated using biomass must be examined by an independent certified public accountant in accordance with standards established by the American Institute of Certified Public Accountants.
(6) Payments shall be made November 15, February 15, May 15 and August 15. A separate payment shall be made for each claim filed. Except as provided in subsection (9) of this section, the total quarterly payment to a producer under this subsection, excluding amounts paid under subsection (3) of this section, may not exceed One Million Five Hundred Thousand Dollars ($1,500,000.00).
(7) If the total amount for which all producers are eligible in a quarter under subsection (3) of this section exceeds the amount available for payments, the commissioner shall make payments pro rata.
(8) After July 1, 2002, new production capacity is eligible for payment under this section only if the commissioner received:
(a) An application for approval of the new production capacity;
(b) An appropriate letter of long-term financial commitment for construction of the new production capacity; and
(c) Copies of all necessary permit applications for construction of the new production capacity. The commissioner may approve new production capacity based on the order in which the applications are received.
(9) Notwithstanding the quarterly payment limits of subsections (4) and (6), the commissioner shall make an additional payment in the eighth quarter of each fiscal biennium to ethanol or bio-diesel producers for Twenty Cents (20¢) per gallon of production in the eighth quarter of the biennium that is greater than seven million five hundred thousand (7,500,000) gallons.
(10) The commissioner shall adopt rules to implement this chapter and objective criteria by rule for who is eligible or not eligible for payment in compliance with this chapter.
(11) A plant in production or under construction by June 30, 2005, shall continue to receive uninterrupted payments under this section of at least Twenty Cents (20¢) per gallon of ethanol or bio-diesel produced until July 1, 2015.
(12) Promotional or educational efforts related to ethanol that are financed wholly or partially with state funds and that promote or identify a particular crop or commodity used to produce ethanol must also include a description of the other potential sources of ethanol listed in Section 69-51-3.
(13) It is the intent of this legislation that corn, biomass and resource commodities shall be furnished totally by Mississippi farmers insofar as the supply is available.
SECTION 130. Section 69-53-7, Mississippi Code of 1972, is amended as follows:
69-53-7. (1) An
agritourism professional must register with the Mississippi Department of
Agriculture and * * * Forestry on an annual basis. The registration shall
contain information describing the agritourism activity that the agritourism
professional conducts or intends to conduct and the location where the person
conducts or intends to conduct such agritourism activity. Additionally, the
agritourism professional must pay an annual fee in the amount of Fifty Dollars
($50.00) to the Department at the time of registration. There is established
in the State Treasury a special fund for the Mississippi Department of
Agriculture and * * * Forestry for the monies collected under this
section. Unexpended monies remaining in the fund at the end of the 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 the fund.
(2) The department shall maintain a list of all registered agritourism professionals, the registered agritourism activities conducted by each professional, and the registered agritourism location where the professional conducts such activities. Such list shall be made available to the public. The department, in conjunction with other agritourism and rural economic efforts, shall promote and publicize registered agritourism professionals, activities and locations to advance agritourism in the state. The department assumes no legal liability by registering agritourism professionals, but merely serves to promote agritourism in the state.
(3) The department shall adopt guidelines to carry out the intent of this chapter.
SECTION 131. Section 73-36-19, Mississippi Code of 1972, is amended as follows:
73-36-19. (1) The State Board of Registration for Foresters shall have the following powers and duties:
(a) To adopt rules and regulations governing the holding of its meetings, hearings, applications for licenses and any and all other duties provided by this chapter.
(b) To establish and promulgate standards of practice and a code of ethics for registered foresters and provide for the enforcement thereof.
(c) To establish minimum requirements for professional continuing education.
(d) To prepare a biennial roster showing the names, business addresses and such other information as the board may deem necessary of all foresters registered under this chapter, and to provide copies to the registered foresters and the public. A copy of the roster shall be filed with the Secretary of State of the State of Mississippi on or before April 1 in the year such roster is prepared.
(e) To issue, suspend or revoke licenses and to take all actions necessary.
(2) At any hearing before the board, any member may administer oaths to witnesses appearing before the board. If any person shall refuse to testify or to produce any books, papers or documents, the board may present its petition to any court of competent jurisdiction within the state setting forth the facts, and then the court, in a proper case, may issue its subpoena to the person requiring his attendance before the court and to testify or to produce such books, papers and documents as may be deemed necessary and pertinent thereto. Any person failing or refusing to obey the subpoena of the court may be proceeded against in the same manner as for refusal to obey any other subpoena of the court.
(3) The board shall keep a record of its proceedings and a register of all applications for registration. The register shall show the name, age and residence of each applicant, the date of the application and the board's action on the application and any other information as may be deemed necessary by the board. The board shall submit an annual report to the Governor and a report to the regular session of the Legislature. The report to the Legislature shall include a financial statement of the transactions of the board during the year.
(4) Effective July 1, 2016, the Mississippi Department of Agriculture and Forestry shall provide administrative, clerical, testing and complaint processing functions for the State Board of Registration for Foresters, under the direction of the board.
SECTION 132. Section 73-63-17, Mississippi Code of 1972, is amended as follows:
73-63-17. (1) The board shall have the following powers and duties:
(a) To adopt, modify, repeal and promulgate, after due notice and hearing and in accordance with the Mississippi Administrative Procedures Law, and where not otherwise prohibited by federal or state law to make exceptions to and grant exemptions and variances from, and to enforce rules and regulations implementing the powers and duties of the board under this chapter, including rules governing the conduct of its business and meetings;
(b) To adopt an official seal and alter that seal at the pleasure of the board;
(c) To apply for, receive and expend any federal or state funds or contributions, gifts, devises, bequests or funds from any other source;
(d) To enter into, and to authorize the executive director to execute contracts, grants and cooperative agreements with any federal or state agency, any public or private institution, or any other person to carry out this chapter. The board shall not provide any funds for special interest groups to lobby or otherwise promote the group's special interests;
(e) * * * [Deleted]
(f) To establish, charge, collect and revise reasonable and necessary fees to applicants and registrants to support the administration and enforcement of this chapter;
(g) To identify specialties and to establish qualifications, conduct examinations and issue certificates in those specialties to qualified applicants and to recognize and authorize the use of certain geologic designations;
(h) To prepare, administer and grade oral and written examinations authorized under this chapter;
(i) To issue, reissue, renew, suspend, revoke or deny the issuance, reissuance or renewal of certificates of registration or certificates of enrollment;
(j) To authorize the preparation and conduct of continuing education programs with voluntary participation;
(k) To establish standards of professional conduct;
(l) To investigate complaints of violations of this chapter, any rule, regulation or written order of the board, any condition of registration, or standard of professional conduct by registrants or nonregistrants, as provided in this chapter and to impose sanctions and penalties for violations, including, but not limited to, restrictions on the practice of any registrant or any other person engaged in the practice of geology;
(m) To administer oaths and affirmations, and to issue subpoenas to compel the attendance of witnesses and the production of evidence;
(n) To begin and maintain legal actions to enforce this chapter and to seek injunctions;
(o) To delegate powers, duties or responsibilities to the executive director as deemed necessary to efficiently administer this chapter; and
(p) To discharge other powers, duties and responsibilities provided under this chapter or as necessary to implement this chapter.
(2) Effective July 1, 2016, the Mississippi Department of Environmental Quality shall provide administrative, clerical, testing and complaint processing functions of the State Board of Registered Professional Geologists, as authorized by the Executive Director of the Department of Environmental Quality.
SECTION 133. Section 73-63-19, Mississippi Code of 1972, is amended as follows:
73-63-19. (1) * * *
The Executive Director of the Department of Environmental Quality shall
have the following powers and duties:
(a) To administer the policies of the board within the authority granted by the board;
(b) To supervise and direct all administrative, technical and investigative activities of the board;
(c) To organize the administrative units of the board in accordance with a plan adopted by the board and to alter that organizational plan and reassign responsibilities with approval of the board as deemed necessary to carry out the policies of the board;
(d) To recommend to the board appropriate studies and investigations and to carry out the approved recommendations;
(e) To issue, modify or revoke any orders under authority granted by the board;
(f) To enter into contracts, grants and cooperative agreements as approved by the board with any federal or state agency, any public or private institution or any other person to carry out this chapter;
(g) To receive, administer and account for any funds received by the board;
(h) To prepare and deliver to the Legislature and the Governor before January 1 of each year, and at any other times as may be required by the board, Legislature or Governor, a full report of the work of the board, including a detailed statement of revenues and expenditures of the board and any recommendations the board may have; and
(i) To discharge other powers, duties and responsibilities as directed or delegated by the board.
(2) * * * Effective July 1,
2016, the Mississippi Department of Environmental Quality shall perform all
administrative, clerical, testing and complaint processing functions of the
State Board of Registered Professional Geologists, as authorized by the
Executive Director of the Department of Environmental Quality.
* * *
SECTION 134. Section 73-39-57, Mississippi Code of 1972, is amended as follows:
73-39-57. (1) The board may:
(a) Adopt, amend or repeal all rules necessary for its government and all regulations necessary to implement this chapter, including the establishment and publication of standards of practice and professional conduct for the practice of veterinary medicine.
(b) Adopt, promulgate and enforce rules and regulations relating to specific duties and responsibilities; certification, registration or licensure; and other matters pertaining to veterinary technicians or nonlicensed persons consistent with this chapter.
(c) Initiate disciplinary procedures, hold hearings, reprimand, suspend, revoke or refuse to issue or renew credentials and perform any other acts that may be necessary to regulate veterinary technicians and technologists.
(d) Examine by established protocol the qualifications and fitness of applicants for a license to practice veterinary medicine in this state.
(e) Issue, renew or deny the licenses and temporary permits to practice veterinary medicine.
(f) Limit, suspend or revoke the licenses of disciplined veterinarians or otherwise discipline licensed veterinarians consistent with this chapter and applicable rules and regulations.
(g) Establish and publish annually a schedule of fees for licensing and certification.
(h) Conduct investigations of suspected violations of this chapter to determine whether there are sufficient grounds to initiate disciplinary proceedings.
(i) Inspect veterinary premises and equipment, including practice vehicles, on a triennial basis and assess an inspection fee in the amount of One Hundred Dollars ($100.00) per inspection and an additional fee of Fifty Dollars ($50.00) for each licensed veterinarian employed by the inspected veterinary establishment.
(j) Hold hearings on all matters properly brought before the board, to administer oaths, receive evidence, make necessary determinations and enter orders consistent with the findings. The board may require by subpoena the attendance and testimony of witnesses and the production of papers, records or other documentary evidence and commission depositions. The board may designate one or more of its members to serve as its hearing officer. The board shall adopt rules and regulations for hearings before the board and the rules shall afford any person appearing before the board the safeguards of procedural due process. Formal rules of evidence shall not apply.
(k) Employ full- or part-time personnel necessary to implement this chapter and purchase or rent necessary office space, equipment and supplies.
(l) Appoint from its own membership one or more members to act as representatives of the board at any meeting within or outside the state.
(m) Bring proceedings in the courts against any person for the enforcement of this chapter or any regulations made pursuant thereto.
The powers enumerated herein are granted for the purpose of enabling the board to supervise effectively the practice of veterinary medicine and veterinary technology and are to be construed liberally to accomplish this objective.
(2) Effective July 1, 2016, the Mississippi Department of Agriculture and Forestry shall perform all administrative, clerical, testing and complaint processing functions of the State Board of Veterinary Medicine, under the direction of the board.
SECTION 135. Section 25-9-127, Mississippi Code of 1972, is amended as follows:
25-9-127. (1) No employee of any department, agency or institution who is included under this chapter or hereafter included under its authority, and who is subject to the rules and regulations prescribed by the state personnel system, may be dismissed or otherwise adversely affected as to compensation or employment status except for inefficiency or other good cause, and after written notice and hearing within the department, agency or institution as shall be specified in the rules and regulations of the State Personnel Board complying with due process of law; and any employee who has by written notice of dismissal or action adversely affecting his compensation or employment status shall, on hearing and on any appeal of any decision made in such action, be required to furnish evidence that the reasons stated in the notice of dismissal or action adversely affecting his compensation or employment status are not true or are not sufficient grounds for the action taken; provided, however, that this provision shall not apply (a) to persons separated from any department, agency or institution due to curtailment of funds or reduction in staff when such separation is in accordance with rules and regulations of the state personnel system; (b) during the probationary period of state service of twelve (12) months; and (c) to an executive officer of any state agency who serves at the will and pleasure of the Governor, board, commission or other appointing authority.
(2) The operation of a state-owned motor vehicle without a valid Mississippi driver's license by an employee of any department, agency or institution that is included under this chapter and that is subject to the rules and regulations of the state personnel system shall constitute good cause for dismissal of such person from employment.
(3) Beginning July 1, 1999, every male between the ages of eighteen (18) and twenty-six (26) who is required to register under the federal Military Selective Service Act, 50 USCS App. 453, and who is an employee of the state shall not be promoted to any higher position of employment with the state until he submits to the person, commission, board or agency by which he is employed satisfactory documentation of his compliance with the draft registration requirements of the Military Selective Service Act. The documentation shall include a signed affirmation under penalty of perjury that the male employee has complied with the requirements of the Military Selective Service Act.
(4) For a period of two (2) years beginning July 1, 2014, the provisions of subsection (1) shall not apply to the personnel actions of the State Department of Education that are subject to the rules and regulations of the State Personnel Board, and all employees of the department shall be classified as nonstate service during that period. However, any employee hired after July 1, 2014, by the department shall meet the criteria of the State Personnel Board as it presently exists for employment. The State Superintendent of Public Education and the State Board of Education shall consult with the Office of the Attorney General before taking personnel actions authorized by this section to review those actions for compliance with applicable state and federal law.
It is not the intention or effect of this section to include any school attendance officer in any exemption from coverage under the State Personnel Board policy or regulations, including, but not limited to, termination and conditions of employment.
(5) For a period of one (1) year beginning July 1, 2015, the provisions of subsection (1) shall not apply to the personnel actions of the Department of Corrections, and all employees of the department shall be classified as nonstate service during that period. However, any employee hired after July 1, 2015, by the department shall meet the criteria of the State Personnel Board as it presently exists for employment. The Commissioner of Corrections shall consult with the Office of the Attorney General before taking personnel actions authorized by this section to review those actions for compliance with applicable state and federal law.
(6) For a period of one (1) year beginning July 1, 2016, the provisions of subsection (1) shall not apply to the personnel actions of the Department of Agriculture and Forestry established under this act, or the reorganized Department of Environmental Quality under this act, and all employees of the departments shall be classified as nonstate service during that period. However, any employee hired after July 1, 2016, by the departments shall meet the criteria of the State Personnel Board as it presently exists for employment. The Commissioner of Agriculture and Forestry and the Executive Director of the Department of Environmental Quality shall consult with the Office of the Attorney General before taking personnel actions authorized by this section to review those actions for compliance with applicable state and federal law. It is the intent of the Legislature that any personnel actions of the agency heads initiated as a result of the transfer of agencies into the newly established Department of Agriculture and Forestry or the Department of Environmental Quality shall be exempt from State Personnel Board rules, regulations and procedures in order to give the Commissioner of Agriculture and Forestry and the Executive Director of the Department of Environmental Quality flexibility in making an orderly, effective and timely reorganization of the programs of the Department of Agriculture and Forestry and the Department of Environmental Quality.
SECTION 136. This act shall take effect and be in force from and after July 1, 2016, and shall stand repealed on June 30, 2016.
