1998 Regular Session
By: Representative Scott (80th)
House Bill 1397
AN ACT TO REENACT SECTIONS 69-41-1, 69-41-3, 69-41-5, 69-41-7, 69-41-9, 69-41-11, 69-41-13, AND 69-41-15, MISSISSIPPI CODE OF 1972, WHICH CREATE THE MISSISSIPPI AGRIBUSINESS COUNCIL AND PRESCRIBE ITS POWERS AND DUTIES; TO BRING FORWARD SECTION 69-41-19, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO REPEAL SECTION 69-41-17, MISSISSIPPI CODE OF 1972, WHICH REPEALS THE PROVISIONS THAT CREATE THE MISSISSIPPI AGRIBUSINESS COUNCIL ACT OF 1993; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 69-41-1, Mississippi Code of 1972, is reenacted as follows:
69-41-1. This chapter shall be known and may be cited as the "Mississippi Agribusiness Council Act of 1993."
SECTION 2. Section 69-41-3, Mississippi Code of 1972, is reenacted as follows:
69-41-3. There is created a special joint committee of the Legislature to be known as the Mississippi Agribusiness Council, hereinafter referred to as "the council," for the purposes of stimulating the development of new markets for Mississippi agricultural products and industry.
SECTION 3. Section 69-41-5, Mississippi Code of 1972, is reenacted as follows:
69-41-5. (1) The council shall be composed of the following members:
(a) The Commissioner of Agriculture and Commerce;
(b) The Director of Cooperative Extension Service, Mississippi State University;
(c) The Dean of Agriculture Science at Alcorn State University;
(d) The Chairman of the Agriculture Development Committee; and
(e) The Manager of the Agribusiness Investment Program, Mississippi Department of Economic and Community Development, or his designee.
(2) In conducting the studies and formulating the recommendations required of it, the council may elicit the support of and participation by any commercial, industrial, governmental, agricultural, minority and public interest organizations or associations, or individual members thereof, and any federal, state and local agencies and political subdivisions as may be necessary, or appropriate in the furtherance of the activities of the council.
(3) In addition, the council shall be authorized to contract or enter into agreements with other agencies or private research centers that it may deem necessary to carry out its duties and functions.
(4) Members of the council shall serve without compensation, but may be reimbursed for any travel expenses in the amount provided by Section 25-3-41. Travel expenses incurred for attending meetings shall be reimbursed by each member's respective institution or agency, and all other travel expenses may be reimbursed by the council from funds appropriated therefor.
SECTION 4. Section 69-41-7, Mississippi Code of 1972, is reenacted as follows:
69-41-7. The council shall appoint a full-time, nonstate service executive director, herein called director, who shall be competent and qualified in the area of marketing and agriculture and who shall receive as compensation for services an annual salary as set by the council, but not to exceed the annual salary of the Commissioner of Agriculture and Commerce. The director shall be the one-point information contact on agricultural production, management and marketing issues and shall be charged with the duty of knowing the role and responsible personnel in each agency on matters related to agriculture. The director shall be directly responsible to the council for tasks assigned in the administration and implementation of programs developed by the council. The council may also employ a full-time, nonstate service administrative assistant or secretary for the director, whose salary shall be set by the council but not to exceed an amount recommended by the State Personnel Board.
SECTION 5. Section 69-41-9, Mississippi Code of 1972, is reenacted as follows:
69-41-9. The duties and responsibilities of the council shall be the following:
(1) To conduct national and international market research to identify trade and investment opportunities;
(2) To identify joint ventures and licensing services;
(3) To provide special assistance to Mississippi's agricultural producers and firms engaged in the marketing of agricultural products produced in Mississippi to develop markets;
(4) To conduct market studies to identify agricultural products that can be manufactured in Mississippi from materials and resources available in or to Mississippi for which a profitable and growing market exists;
(5) To advertise and solicit for production and industrial promotion purposes;
(6) To recommend legislation to assist with financial packaging by utilizing all available fund resources provided by the State of Mississippi including, but not limited to, the Small Business Investment Act, Emerging Crop Fund and the Business Financial Investment Act;
(7) To establish a Mississippi Register of Mississippi Agricultural Producers and set criteria for listing therein;
(8) To recommend purchasing agreements between state institutions and Mississippi agricultural producers;
(9) To recommend the organization of the state into marketing districts for the most effective and efficient use of marketing resources;
(10) To provide any other assistance and services necessary to accomplish the purposes of this chapter.
SECTION 6. Section 69-41-11, Mississippi Code of 1972, is reenacted as follows:
69-41-11. The council is authorized and empowered to promulgate rules and regulations required to carry out the provisions of this chapter.
SECTION 7. Section 69-41-13, Mississippi Code of 1972, is reenacted as follows:
69-41-13. The Mississippi Agribusiness Council is authorized and empowered to accept and expend monetary or in-kind contributions, gifts and grants to carry out the provisions of this chapter. Such contributions, gifts and grants shall be deposited into a special fund, hereby established in the State Treasury, to be known as the "Agribusiness Council Contribution Fund."
SECTION 8. Section 69-41-15, Mississippi Code of 1972, is reenacted as follows:
69-41-15. (1) The Agribusiness Advisory Committee is created for the purpose of providing advice to the Mississippi Agribusiness Council and shall be composed of the following members:
(a) The Chairman and Vice-Chairman of the Senate Agriculture Committee and five (5) additional members of the Senate, no more than two (2) members from one (1) congressional district. Upon recommendation by the Chairman of the Senate Agriculture Committee, the Lieutenant Governor shall appoint such five (5) additional members.
(b) The Chairman and Vice-Chairman of the House of Representatives Agriculture Committee and five (5) additional members of the House, no more than two (2) members from one (1) congressional district. Upon recommendation by the Chairman of the House of Representatives Agriculture Committee, the Speaker shall appoint such five (5) additional members.
(2) The Chairman of the Senate Agriculture Committee and the Chairman of the House of Representatives Agriculture Committee shall serve as Co-Chairmen of the Agribusiness Advisory Committee. (3) For attending meetings of the Agribusiness Advisory Committee, each legislative member shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session. However, no per diem and expenses shall be paid for attending meetings of the Agribusiness Advisory Committee while the Legislature is in session, and no per diem and expenses shall be paid without prior approval of the proper committee in the member's respective house. However, travel expenses incurred by members of the Agribusiness Advisory Committee which are not incurred for the purpose of attending committee meetings may be reimbursed by the Mississippi Agribusiness Council in the amount provided by Section 25-3-41, Mississippi Code of 1972.
SECTION 9. Section 69-41-19, Mississippi Code of 1972, is brought forward as follows:
69-41-19. The Agriculture Development Committee is created and shall be composed of agriculture business leaders and farmers as are appointed by the Mississippi Agribusiness Council; one (1) of the members shall be a representative of Mississippi State University, and one (1) shall be a representative of Alcorn State University. The Development Committee shall work with the Mississippi Agribusiness Council in carrying out its duties and purposes. Members of the Development Committee shall serve without compensation.
SECTION 10. Section 69-41-17, Mississippi Code of 1972, which repeals the provisions that create the Mississippi Agribusiness Council Act of 1993, is hereby repealed.
SECTION 11. This act shall take effect and be in force from and after its passage.