MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Agriculture; Ways and Means

By: Representatives Shows, Davis (7th), Green (34th), Nettles, Ellzey

AN ACT TO AUTHORIZE THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE OF MISSISSIPPI FOR THE PURPOSE OF CAPITAL IMPROVEMENTS, RENOVATION AND/OR REPAIR OF EXISTING FACILITIES, FURNISHINGS AND EQUIPMENT NEEDS OF THE DEPARTMENT OF AGRICULTURE AND COMMERCE; TO CREATE THE DEPARTMENT OF AGRICULTURE CAPITAL IMPROVEMENT SINKING FUND INTO WHICH CERTAIN FEES SHALL BE DEPOSITED FOR PAYMENT OF THE PRINCIPAL OF AND INTEREST UPON SUCH BONDS; TO CREATE A NEW CODE SECTION TO BE CODIFIED WITHIN CHAPTER 19 OF TITLE 69, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE AND COMMERCE TO IMPOSE A FEE FOR THE LICENSING OF CERTAIN PROFESSIONAL SERVICES; TO AMEND SECTION 69-23-7, MISSISSIPPI CODE OF 1972, TO INCREASE THE PESTICIDE REGISTRATION FEE AND TO AUTHORIZE A FEE FOR SPECIAL LOCAL NEEDS REGISTRATION OF PESTICIDES; TO AMEND SECTION 69-25-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE TO IMPOSE A FEE FOR THE INSPECTION OF NURSERY DEALERS; TO AMEND SECTION 69-23-27, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE TO IMPOSE A FEE FOR THE LICENSING OF PESTICIDE DEALERS; TO AMEND SECTIONS 69-23-111 AND 69-23-119, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE TO IMPOSE A FEE FOR THE CERTIFICATION OF PESTICIDE APPLICATORS AND TO EXEMPT PUBLIC APPLICATORS FROM SUCH FEE; TO AMEND SECTION 79-22-9, MISSISSIPPI CODE OF 1972, TO REVISE THE FEE CHARGED FOR AQUACULTURE CULTIVATION AND MARKETING PERMITS; TO CREATE A NEW CODE SECTION TO BE CODIFIED WITHIN CHAPTER 55 OF TITLE 75, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE TO IMPOSE AN INSPECTION FEE ON ANY PERSON SELLING AT RETAIL GASOLINE, ALCOHOL BLENDED FUEL, DIESEL FUEL OR KEROSENE; TO CREATE THE DEPARTMENT OF AGRICULTURE SPECIAL FUND TO BE USED BY THE DEPARTMENT OF AGRICULTURE AND COMMERCE, SUBJECT TO APPROPRIATION BY THE LEGISLATURE, FOR THE ADMINISTRATION OF ITS DUTIES AND FUNCTIONS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) There is created a special fund in the State Treasury to be designated as the "Department of Agriculture Capital Improvements Fund," which fund shall consist of such monies as provided in this act. Monies deposited into the fund shall be expended to pay the costs of the following capital improvements, renovation and/or repair of existing facilities, furnishings and equipment needs of the Department of Agriculture and Commerce:

BUILDING NEEDS

Agricultural Museum $ 350,000.00

Bureau of Plant Industry Renovations

Seed Lab $1,485,000.00

Metrology Lab $2,600,000.00

EQUIPMENT NEEDS

Vehicles $1,480,000.00

Heavy Test Weight Truck $ 720,000.00

One-Ton Petroleum Calibration Trucks $ 200,000.00

Data Processing Equipment $1,225,000.00

Other Equipment $1,500,000.00

GRAND TOTAL $9,560,000.00

(2) Amounts deposited into such special fund shall be disbursed to pay the costs of projects described in subsection (1) of this section. Promptly after the State Bond Commission has certified, by resolution duly adopted, that the projects described in subsection (1) of this section shall have been completed, abandoned, or cannot be completed in a timely fashion, any amounts remaining in such special fund shall be applied to pay debt service on the bonds issued under this act, in accordance with the proceedings authorizing the issuance of such bonds and as directed by the commission.

SECTION 2. (1) The State Bond Commission, at one time, or from time to time, may declare by resolution the necessity for issuance of general obligation bonds of the State of Mississippi to provide funds for all costs incurred or to be incurred for the purposes described in Section 1 of this act. Upon the adoption of a resolution by the Department of Finance and Administration, declaring the necessity for the issuance of any part or all of the general obligation bonds authorized by this section, the Department of Finance and Administration shall deliver a certified copy of its resolution to the commission. Upon receipt of such resolution, the commission, in its discretion, may 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 total amount of bonds issued under this act shall not exceed Nine Million Five Hundred Sixty Thousand Dollars ($9,560,000.00).

(2) Proceeds from the sale of bonds shall be deposited in the special fund created in Section 1(1) of this act. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be used to pay debt service on bonds issued under this act, in accordance with the proceedings authorizing issuance of such bonds.

(3) The proceeds of such bonds shall be disbursed solely upon the order of the Department of Agriculture and Commerce under such restrictions, if any, as may be contained in the resolution providing for the issuance of the bonds.

SECTION 3. For the purpose of providing for such payment of the principal of and interest upon bonds issued under the provisions of this act, there is hereby created the Department of Agriculture Capital Improvement Sinking Fund. Such sinking fund shall consist of the money deposited from fees imposed by the Department of Agriculture pursuant to Sections 17 through 24 of this act and such other amount as shall be paid into such fund by appropriation or other authorization by the Legislature. Funds required in excess of the amounts available in the Department of Agriculture Capital Improvement Sinking Fund to retire bonds issued pursuant to this act shall be appropriated from the State General Fund.

SECTION 4. The principal of and interest on the bonds authorized under Section 2 of this act shall be payable in the manner provided in this section. Such bonds shall bear such date or dates, be in such denomination or denominations, bear interest at such rate or rates (not to exceed the limits set forth in Section 75-17-101, Mississippi Code of 1972), be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times not to exceed twenty-five (25) years from date of issue, be redeemable before maturity at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as shall be determined by resolution of the State Bond Commission.

SECTION 5. The bonds authorized by Section 2 of this act shall be signed by the Chairman of the State Bond Commission, or by his facsimile signature, and the official seal of the commission shall be affixed thereto, attested by the Secretary of the State Bond Commission. The interest coupons, if any, to be attached to such bonds may be executed by the facsimile signatures of such officers. Whenever any such bonds shall have been signed by the officials designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers before the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until their delivery to the purchaser, or had been in office on the date such bonds may bear. However, notwithstanding anything herein to the contrary, such bonds may be issued as provided in the Registered Bond Act of the State of Mississippi.

SECTION 6. All bonds and interest coupons issued under the provisions of this act have all the qualities and incidents of negotiable instruments under the provisions of the Uniform Commercial Code, and in exercising the powers granted by this act, the State Bond Commission shall not be required to and need not comply with the provisions of the Uniform Commercial Code.

SECTION 7. The State Bond Commission shall act as the issuing agent for the bonds authorized under Section 2 of this act, prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold, pay all fees and costs incurred in such issuance and sale, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. The State Bond Commission is authorized and empowered to pay the costs that are incident to the sale, issuance and delivery of the bonds authorized under this act from the proceeds derived from the sale of such bonds. The State Bond Commission shall sell such bonds on sealed bids at public sale, and for such price as it may determine to be for the best interest of the State of Mississippi, but no such sale shall be made at a price less than par plus accrued interest to the date of delivery of the bonds to the purchaser. All interest accruing on such bonds so issued shall be payable semiannually or annually; however, the first interest payment may be for any period of not more than one (1) year.

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

The State Bond Commission, when issuing any bonds under the authority of this act, may provide that bonds, at the option of the State of Mississippi, may be called in for payment and redemption at the call price named therein and accrued interest on such date or dates named therein.

SECTION 8. The bonds issued under the provisions of this act shall be payable from the Department of Agriculture Capital Improvement Sinking Fund and are general obligations of the State of Mississippi, and for the payment thereof the full faith and credit of the State of Mississippi is irrevocably pledged. If the funds available in the Department of Agriculture Capital Improvement Sinking Fund are insufficient to pay the principal of and the interest upon such bonds as they become due, then the deficiency shall be paid by the State Treasurer from any funds in the State Treasury. All such bonds shall contain recitals on their faces substantially covering the foregoing provisions of this section.

SECTION 9. The bonds authorized under this act may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required by this act. Any resolution providing for the issuance of bonds under the provisions of this act shall become effective immediately upon its adoption by the State Bond Commission, and any such resolution may be adopted at any regular or special meeting of the State Bond Commission by a majority of its members.

SECTION 10. The bonds authorized under the authority of this act may be validated in the Chancery Court of the First Judicial District of Hinds County, Mississippi, in the manner and with the force and effect provided by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds. The notice to taxpayers required by such statutes shall be published in a newspaper published or having a general circulation in the City of Jackson, Mississippi.

SECTION 11. Any holder of bonds issued under the provisions of this act or of any of the interest coupons pertaining thereto may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights granted under this act, or under such resolution, and may enforce and compel performance of all duties required by this act to be performed, in order to provide for the payment of bonds and interest thereon.

SECTION 12. All bonds issued under the provisions of this act shall be legal investments for trustees and other fiduciaries, and for savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi, and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and political subdivisions for the purpose of securing the deposit of public funds.

SECTION 13. Bonds issued under the provisions of this act and income therefrom shall be exempt from all taxation in the State of Mississippi.

SECTION 14. The proceeds of the bonds issued under this act shall be used solely for the purposes herein provided, including the costs incident to the issuance and sale of such bonds.

SECTION 15. The State Treasurer is authorized to certify to the Department of Finance and Administration the necessity for warrants, and the Executive Director of the Department of Finance and Administration is authorized and directed to issue such warrants, in such amounts as may be necessary to pay when due the principal of, premium, if any, and interest on, or the accreted value of, all bonds issued under this act; and the State Treasurer shall forward the necessary amount to the designated place or places of payment of such bonds in ample time to discharge such bonds, or the interest thereon, on the due dates thereof.

SECTION 16. This act shall be deemed to be full and complete authority for the exercise of the powers herein granted, but this act shall not be deemed to repeal or to be in derogation of any existing law of this state.

SECTION 17. (1) The Commissioner of Agriculture and Commerce is authorized to impose and collect fees for the administration of this chapter in the following manner:

(a) Issuance of applicator license (entomological work, plant pathological work and weed control work): Three Hundred Dollars ($300.00) per every three (3) years;

(b) Issuance of consultant license (entomological work, plant pathological work and weed control work): One Hundred Dollars ($100.00) per year;

(c) Issuance of tree surgeon license: One Hundred Dollars ($100.00) per year;

(d) Issuance of landscaper license (horticultural and floricultural work): One Hundred Dollars ($100.00) per year;

(e) Issuance of branch office permit: One Hundred Dollars ($100.00) per year;

(f) Issuance of registered employee identification card: Twenty Dollars ($20.00) per card;

(g) Examination: One Hundred Dollars ($100.00) for the first category and Thirty-five Dollars ($35.00) for each additional category.

(2) The fees authorized in this section shall be deposited in the Department of Agriculture Capital Improvement Sinking Fund created in Section 3 of this act until such time the principal of and interest on the bonds issued pursuant to Section 2 of this act are paid in full. Once the principal and interest are paid in full, such fees shall be deposited into the Department of Agriculture Special Fund created in Section 25 of this act.

SECTION 18. Section 69-23-7, Mississippi Code of 1972, is amended as follows:

69-23-7. (1) Every pesticide which is distributed, sold or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be registered in the office of the commissioner, and such registration shall be renewed annually; provided, that products which have the same formula, are manufactured by the same person, the labeling of which contains the same claims and the labels of which bear a designation identifying the products as the same pesticide may be registered as a single pesticide; and additional names and labels shall be added by supplement statements during the current period of registration. The registrant shall file with the commissioner a statement including:

(a) The name and address of the registrant and the name and address of the person whose name will appear on the label if other than the registrant;

(b) The name of the pesticide;

(c) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including directions for use and the use classification as provided for in FIFRA;

(d) If requested by the commissioner, a full description of the tests made and the results thereof upon which the claims are based. In the case of renewal of registration, a statement shall be required only with respect to information which is different from that furnished when the pesticide was registered or last reregistered; and

(e) Any other information required by the commissioner which may be prescribed by regulation.

(2) The registrant shall pay an annual fee of One Hundred Fifty Dollars ($150.00) for each brand or grade of pesticide registered. Sixty-six percent (66%) of the fees collected under authority of this section shall be deposited in a special fund in the Treasury of the State of Mississippi; and subject to appropriation by the Mississippi Legislature, the fees shall be used by the Mississippi Department of Agriculture and Commerce for enforcement of this chapter, and by the Mississippi Department of Environmental Quality to carry out a program of protecting the underground water resources from pesticides. Thirty-four percent (34%) of the fees collected under authority of this section shall be deposited in a special fund in the State Treasury, and subject to appropriation by the Mississippi Legislature, such fees shall be used by the Department of Agriculture and Commerce to implement a waste pesticide disposal program.

(3) The commissioner, whenever he deems it necessary in the administration of this chapter, may require the submission of the complete formula of any pesticide. If it appears to the commissioner that the composition of the articles is such as to warrant the proposed claims for it, and if the article and its labeling and other material required to be submitted comply with the requirements of Section 69-23-5, he shall register the article; provided, that the article is registered under FIFRA. If the state is certified by the administrator of EPA to register pesticides pursuant to Section 24(c) of FIFRA, the commissioner may register the article to meet special local needs if he determines that the registration will not be in violation of FIFRA. The commissioner may charge a fee for the application and review of this special local needs registration in the amount of One Hundred Fifty Dollars ($150.00) per registration and such fee shall be deposited into the Department of Agriculture Capital Improvement Sinking Fund created in Section 3 of House Bill No. , 1997 Regular Session, until such time the principal of and interest on the bonds issued pursuant to Section 2 of House Bill No. , 1997 Regular Session, are paid in full. Once the principal and interest are paid in full, such fee shall be deposited into the Department of Agriculture Special Fund created in Section 25 of House Bill No. , 1997 Regular Session.

(4) If it does not appear to the commissioner that the article is such as to warrant the proposed claims for it or if the article and its labeling and other material required to be submitted do not comply with the provisions of this chapter, he shall notify the applicant of the manner in which the article, labeling or other material required to be submitted fail to comply with the chapter so as to afford him an opportunity to make the necessary corrections. If, upon receipt of such notice, the applicant does not make the required changes, the commissioner may refuse to register the article and the applicant may request a hearing. In order to protect the public, the commissioner, with approval of the advisory board provided for in Section 69-25-3, may, at any time, cancel or suspend the registration of a pesticide if he determines that it does not comply with this chapter or creates an imminent hazard; or, pursuant to a notice from the Commission on Environmental Quality under Section 49-17-26 in relation to state underground water quality standards, he shall provide for modification of the labeling of any pesticide, or suspend or cancel the registration of any pesticide or any use of any pesticide, or adopt a regulation in accordance with Section 69-23-9 to protect the underground water resources, as defined in the federal Safe Drinking Water Act, in the shortest reasonable time. He may advise EPA of the manner in which a federally registered pesticide fails to comply with FIFRA and suggest the necessary corrections.

(5) Notwithstanding any other provision of this chapter, registration is not required in case of a pesticide shipped from one plant within this state to another plant within this state operated by the same person.

SECTION 19. Section 69-25-7, Mississippi Code of 1972, is amended as follows:

69-25-7. (1) The Commissioner of Agriculture and Commerce is empowered to conduct such inspections and promulgate and enforce such quarantine regulations as may be necessary in carrying out the provisions of this article.

(2) The Commissioner of Agriculture and Commerce 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 (a) inspect places, plants and plant products, and things, and substances used or connected therewith, (b) investigate, control, eradicate and prevent the dissemination of insect pests and diseases, and (c) supervise or cause the treatment, cutting and destruction of plants and plant products and other things infested or infected therewith, but no such 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. The inspectors and employees employed by the commissioner shall have authority to carry out and execute the regulations and orders of the * * * commissioner and shall have authority under direction of the commissioner to carry out the provisions of this article.

(3) The Commissioner of Agriculture is authorized to impose an annual inspection fee on a nursery or plant dealer in the amount of Twenty-five Dollars ($25.00) per year. Such fee shall be deposited into the Department of Agriculture Capital Improvement Sinking Fund created in Section 3 of House Bill No. , 1997 Regular Session, until such time the principal of and interest on the bonds issued pursuant to Section 2 of House Bill No. , 1997 Regular Session, are paid in full. Once the principal and interest are paid in full, such fee shall be deposited into the Department of Agriculture Special Fund created in Section 25 of House Bill No. , 1997 Regular Session.

SECTION 20. Section 69-23-27, Mississippi Code of 1972, is amended as follows:

69-23-27. (1) It shall be unlawful for any person to act as a licensed pesticide dealer without being licensed by the commissioner. A license shall be required for each location or outlet located within this state from which such pesticides are distributed. Any dealer who has no pesticide outlet licensed within this state and who distributes such pesticides directly into this state shall obtain a pesticide dealer license for his principal out-of-state location or outlet.

(2) Application for a license shall be submitted on a form prescribed by the commissioner, and shall include the name and address of the applicant, the name of the pesticide dealer manager, the address of each outlet, the name of the resident agent if the dealer is not a resident of this state, and any other information required by the commissioner.

(3) Provisions of this section shall not apply to (a) a licensed pesticide applicator who sells pesticides only as an integral part of his pesticide application service where such pesticides are applied by the commercial applicator; or (b) any federal, state, county or municipal agency which provides pesticides only for its own programs.

(4) The commissioner may set standards and qualifications for licensing of pesticide dealers and dealer managers to determine their competency.

(5) From and after July 1, 1997, licenses for pesticide dealers will expire on December 31 every two (2) years and shall be renewed biennially. The commissioner is authorized to impose a fee in an amount not to exceed Fifty Dollars ($50.00) per license which shall be deposited into the Department of Agriculture Capital Improvement Sinking Fund created in Section 3 of House Bill No. , 1997 Regular Session, until such time the principal of and interest on the bonds issued pursuant to Section 2 of House Bill No. , 1997 Regular Session, are paid in full. Once the principal and interest are paid in full, such fee shall be deposited into the Department of Agriculture Special Fund created in Section 25 of House Bill No. , 1997 Regular Session.

(6) The commissioner may prescribe rules and regulations pertaining to licensing of pesticide dealers, including but not limited to record keeping, and may at any time cancel, suspend or revoke a pesticide dealer license when he finds there has been a failure or refusal to comply with the provisions of this chapter or regulations adopted hereunder.

SECTION 21. Section 69-23-111, Mississippi Code of 1972, is amended as follows:

69-23-111. (1) After October 21, 1976, it shall be unlawful for any person to engage in the application or use of any pesticide which is restricted by EPA or the commissioner, except as provided for and defined in Sections 69-19-1 through 69-19-11, 69-21-1 through 69-21-27, 69-21-101 through 69-21-125, and 69-23-1 through 69-23-23, without having been certified or licensed by the commissioner.

(2) The commissioner may classify licenses or permits to be issued under Sections 69-23-101 through 69-23-133. Separate classifications and subclassifications may be specified by the commissioner in conformity with FIFRA. Each classification may be subject to separate requirements of testing procedures.

(3) Application for license shall be made on a form provided by the commissioner and shall contain information regarding the applicant's qualifications, proposed operations, and license classification or classifications as prescribed by regulations.

(4) The commissioner shall require each applicant for a certified applicator's license to demonstrate competency by a written or oral examination, or such other equivalent procedure as may be adopted by the commissioner by regulation, that he possesses adequate knowledge with respect to the proper use and application of pesticides in the particular categories or classification for which application for license is made. The commissioner may cooperate with other state, federal and private agencies in preparing, administering and evaluating examinations or other equivalent procedures, including training, for determining competency of certified applicators, and shall consider and be guided by certification requirements set forth by EPA.

(5) If the commissioner finds the applicant qualified in the classification for which he has applied, he shall issue a certified applicator's license limited to that classification. Expiration dates of licenses may be established by regulation, unless revoked or suspended prior thereto by the commissioner for cause as hereinafter provided.

(6) The commissioner is authorized to impose a fee in the amount of Thirty Dollars ($30.00) per licensee per every three (3) years. Such fee shall be deposited into the Department of Agriculture Capital Improvement Sinking Fund created in Section 3 of House Bill No. , 1997 Regular Session, until such time the principal of and interest on the bonds issued pursuant to Section 2 of House Bill No. , 1997 Regular Session, are paid in full. Once the principal and interest are paid in full, such fee shall be deposited into the Department of Agriculture Special Fund created in Section 25 of House Bill No. , 1997 Regular Session.

SECTION 22. Section 63-23-119, Mississippi Code of 1972, is amended as follows:

63-23-119. (1) Any person duly licensed and certified under Sections 69-19-1 through 69-19-11, 69-21-1 through 69-21-27, and 69-21-101 through 69-21-125, is exempted from the licensing provisions of Sections 69-23-101 through 69-23-133.

(2) The commissioner may exempt such other persons as may be exempted by federal regulations.

(3) The commissioner may exempt public applicators from the requirements of Sections 69-23-113 and 69-23-117 and from the fees imposed by Section 69-23-111.

SECTION 23. Section 79-22-9, Mississippi Code of 1972, is amended as follows:

79-22-9. (1) An aquaculturist shall obtain a cultivation and marketing permit for cultured aquatic products produced from the following aquatic plants and animals:

(a) All nonnative aquatic plants and animals, including those that are well established in limited or extensive areas of natural lakes, rivers and streams in this state;

(b) Fish classified as game fish in Mississippi; however, the department shall not issue any such permits for the following game fish: black bass, bream, crappie, flathead catfish, walleye and all members of the family Centrarchidae and Percidae;

(c) Endangered, threatened or protected species;

(d) Any aquatic plants or animals which have been genetically modified or are to be genetically modified by means other than breeding and crossbreeding.

(2) The department shall not issue the permits required in this section until the department approves the proposed aquaculture facility design or the actual facility and such permits shall only be issued to citizens of the United States. The department shall inspect the aquaculture facility prior to the introduction of the aquatic products to be cultured to insure compliance with the approved permit specifications. The department may also conduct periodic inspections of all facilities engaged in the propagation of nonnative species to insure that operational activities comply with approved permit specifications. All required permits shall be renewed annually. For a resident of Mississippi, the fee for a marketing or cultivation permit shall not exceed One Hundred Dollars ($100.00) for each species of aquatic products produced. The fee for a marketing or cultivation permit issued to a nonresident of Mississippi shall equal the amount imposed by the nonresident's state for such permit on a resident of Mississippi. The fees imposed in this section shall be deposited into the Department of Agriculture Capital Improvement Sinking Fund created in Section 3 of House Bill No. , 1997 Regular Session, until such time the principal of and interest on the bonds issued pursuant to Section 2 of House Bill No. , 1997 Regular Session, are paid in full. Once the principal and interest are paid in full, such fees shall be deposited into the Department of Agriculture Special Fund created in Section 25 of House Bill No. , 1997 Regular Session.

SECTION 24. For the purpose of defraying the expenses connected with the inspection, testing and analyzing of petroleum products in this state, the commissioner is authorized to impose on any person selling at retail gasoline, alcohol blended fuel, diesel fuel or kerosene, as defined in this chapter, an inspection fee in an amount not to exceed Seven Dollars ($7.00) per pump or dispensing equipment. The inspection fee shall be deposited into the Department of Agriculture Capital Improvement Sinking Fund created in Section 3 of this act. This section shall stand repealed from and after July 1, 2002.

SECTION 25. There is hereby created in the State Treasury a special fund to be known as the "Department of Agriculture Special Fund." Monies deposited in such special fund shall be used by the Department of Agriculture and Commerce, subject to appropriation by the Legislature, for the administration of its duties and functions.

SECTION 26. Section 25 of this act shall be codified as a separate code section within Chapter 1 of Title 69, Mississippi Code of 1972.

SECTION 27. Section 17 of this act shall be codified as a separate code section within Chapter 19 of Title 69, Mississippi Code of 1972.

SECTION 28. Section 24 of this act shall be codified as a separate code section within Chapter 55 of Title 75, Mississippi Code of 1972.

SECTION 29. This act shall take effect and be in force from and after July 1, 1997.