MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Agriculture

By: Senator(s) Ross

Senate Bill 3004

(As Passed the Senate)

AN ACT TO AMEND SECTION 69-15-1, MISSISSIPPI CODE OF 1972, TO GRANT FULL VOTING RIGHTS TO THE EX OFFICIO MEMBERS OF THE BOARD OF ANIMAL HEALTH; TO AMEND SECTION 69-15-3, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE BOARD OF ANIMAL HEALTH SHALL ADOPT RULES AND REGULATIONS GOVERNING THE OPERATION OF ITS LABORATORY AT JACKSON, MISSISSIPPI, AND THE DUTIES OF THE STATE VETERINARIAN; TO AMEND SECTION 69-15-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE VETERINARIAN, IF THE BOARD SO DELEGATES, TO EMPLOY THE NECESSARY PERSONNEL TO CARRY OUT THE POWERS AND DUTIES OF THE BOARD OF ANIMAL HEALTH; TO AMEND SECTION 69-15-11, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE EXECUTIVE DIRECTOR OF THE BOARD OF ANIMAL HEALTH LABORATORY, IF THE BOARD SO DELEGATES, TO EMPLOY SUCH PERSONNEL NECESSARY TO CARRY OUT THE OBJECTIVE OF THE LABORATORY; AND FOR RELATED PURPOSES.  

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

SECTION 1. Section 69-15-1, Mississippi Code of 1972, is amended as follows:

69-15-1. (1) The Mississippi Board of Animal Health is to be composed of the Commissioner of Agriculture and Commerce * * *, the Dean of the College of Veterinary Medicine and the heads of the Animal Husbandry, Dairy, and Poultry Departments at Mississippi State University of Agriculture and Applied Science as * * * ex officio members with full voting rights, and eleven (11) other members of the board to be appointed by the Governor as hereinafter provided.

(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 three (3) 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 three (3) recommendations submitted by the Mississippi horse breeders;

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) (a) 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.

(b) 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.

(c) All subsequent appointments shall be for four-year terms, except for appointments to fill vacancies which shall be for the unexpired term only.

(4) The board shall annually elect from any of its members a chairman and vice-chairman.

SECTION 2. Section 69-15-3, Mississippi Code of 1972, is amended as follows:

69-15-3. The State Capitol Commission shall provide office space at the seat of the government, as it deems necessary and requisite for the Board of Animal Health. The board shall adopt rules and regulations as it deems proper to carry out its statutory powers and duties, including the operation of its laboratory at Jackson, Mississippi, and the duties of the State Veterinarian. The rules and regulations shall also prescribe the dates and hours of regularly scheduled meetings and provide that special meetings * * * may be called by the chairman on three (3) days' written notice or by a majority vote of the entire board on three (3) days' written notice.

SECTION 3. Section 69-15-7, Mississippi Code of 1972, is amended as follows:

69-15-7. The Board of Animal Health, or the State Veterinarian if the board so delegates, is authorized and empowered to employ the necessary professional, technical and clerical personnel as it deems necessary to carry out the powers and duties of the board, and to fix their compensation. The board shall appoint and fix the compensation of a duly licensed and practicing veterinarian as its executive secretary and State Veterinarian, who shall hold a degree of veterinary medicine from a recognized college or university, shall be a resident of the State of Mississippi, and shall have been engaged in the practice of veterinary science for not less than five (5) years prior to his appointment, and shall not be engaged in the sale of or production of veterinary biologics or supplies. The State Veterinarian shall serve at the will and pleasure of the Board of Animal Health, shall cooperate with the Commissioner of Agriculture and Commerce, and shall enter into a surety bond for the faithful performance of his duties, and the premium therefor shall be paid by the board. The board shall also be authorized to employ an attorney as authorized in Section 69-1-14, Mississippi Code of 1972.

SECTION 4. Section 69-15-11, Mississippi Code of 1972, is amended as follows:

69-15-11. (1) The Board of Animal Health shall maintain a complete and adequate diagnostic clinic at Jackson capable of rendering quick and accurate diagnoses of disease conditions of animals and livestock, including but not limited to cattle, horses, sheep, swine, poultry and pets. The board, or the executive director of the laboratory if the board so delegates, shall select and employ * * * such veterinarians, bacteriologists, pathologists, technicians, clerical assistants and other personnel necessary to carry out the objective of this section. The salaries, compensation, and expenses of such employees shall be fixed by the board, or the executive director if the board so delegates, and shall be sufficient to insure the employment of competent persons and shall be paid from funds at the disposal of the board, drawn by the secretary and approved by the chairman. The board shall provide such office and technical equipment, and other items of personal property necessary and proper to effect the full meaning of this section.

(2) The Board of Animal Health shall maintain a laboratory at Jackson, and any person licensed to practice veterinary medicine, veterinary surgery, veterinary dentistry or any vocational-agriculture teacher, bona fide farmer or county agent in the State of Mississippi shall have made available to him services of the laboratory. The laboratory shall examine blood and urinal specimens, and shall conduct blood tests and bacterial tests, and make reports thereon, of all specimens, submitted by any licensed veterinarian, or vocational-agriculture teacher, bona fide farmer, or county agent of this state. The board shall be required to set reasonable fees for such examinations, tests, reports or other diagnostic services in such amounts as will pay for the expenses of providing same.

SECTION 5. This act shall take effect and be in force from and after July 1, 1998.