MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Agriculture; Workforce Development

By: Representatives Pigott, Holloway, Anthony

House Bill 1566

(COMMITTEE SUBSTITUTE)

AN ACT TO ESTABLISH THE FUTURE OF MISSISSIPPI AGRICULTURE ACT OF 2020; TO AUTHORIZE AN AGRICULTURAL ENTREPRENEURIAL CENTER AND/OR THE GENUINE MS AGRICULTURE PRODUCT MARKETPLACE BUSINESS ON DEPARTMENT PROPERTY; TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE AND COMMERCE TO EXPEND FUNDS FOR PRODUCTS TO DEVELOP AND PROMOTE AGRICULTURE AND TO COORDINATE WITH THE MISSISSIPPI DEVELOPMENT AUTHORITY ON PROJECTS RELATED TO AGRICULTURE; TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE AND COMMERCE TO IMPLEMENT A PROGRAM TO PROMOTE AGRICULTURE, FORESTRY AND COMMERCE; TO AUTHORIZE THE DEPARTMENT TO LEASE CERTAIN LAND OR BUILDINGS ON PROPERTY UNDER THE DEPARTMENT'S CONTROL; TO AUTHORIZE THE DEPARTMENT'S AGRICULTURAL AND LIVESTOCK THEFT BUREAU TO CONDUCT TRAINING FOR LAW ENFORCEMENT RELATED TO LAWS ENFORCED BY THE BUREAU AND TO ASSIST OTHER LAW ENFORCEMENT AGENCIES IN CASES OF DISASTER; TO AMEND 27-104-203, MISSISSIPPI CODE OF 1972, TO EXEMPT RENTAL FEES FOR PROPERTY AND BUILDINGS UNDER DEPARTMENT'S CONTROL FROM CERTAIN INTERAGENCY RESTRICTIONS; TO CREATE A NEW CODE SECTION TO BE CODIFIED AS SECTION 69-1-119, MISSISSIPPI CODE OF 1972, TO CREATE A NUISANCE WILDLIFE PROGRAM WITHIN THE DEPARTMENT OF AGRICULTURE AND COMMERCE FOR THE PURPOSE OF MANAGING NUISANCE WILDLIFE SPECIES ON PRIVATE AGRICULTURAL AND FORESTRY LANDS AND TO AUTHORIZE THE DEPARTMENT TO ACCEPT AND EXPEND ANY SPECIAL FUNDS RECEIVED FOR THIS PURPOSE; TO AMEND SECTION 69-29-1, MISSISSIPPI CODE OF 1972, TO INCREASE THE NUMBER OF AGRICULTURAL AND LIVESTOCK THEFT BUREAU INVESTIGATORS FOR THE PURPOSE OF COMBATTING AND DETERRING AGRICULTURAL AND LIVESTOCK THEFT AND RELATED CRIMES; TO AMEND SECTION 25-1-77, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CERTAIN EXEMPTIONS OF DEPARTMENT LAW ENFORCEMENT VEHICLES FROM BUREAU OF FLEET MANAGEMENT REQUIREMENTS; AND FOR RELATED PURPOSES.

     WHEREAS, agriculture is Mississippi's largest industry with agricultural commodity production valuing nearly $7.5 Billion and value-adding more than $16 Billion to the state's economy; and

     WHEREAS the agriculture and forestry sectors employ, directly or indirectly, approximately 29% of the state's workforce and generate an annual state tax revenue of $3.73 Billion; and

     WHEREAS, the state has extension programs in 82 counties; and

     WHEREAS, the state has approximately 34,700 farms statewide covering ten and 10.4 million acres, plus an additional 19.7 million acres of forestland; and

     WHEREAS, international trade and commerce are an ever-growing market of importance for Mississippi farmers, with Mississippi commodities having been integral parts of recent major international trade deals; and

     WHEREAS, the Mississippi Department of Agriculture and Commerce promotes new markets both domestically and internationally for all products grown, raised, crafted, and made in Mississippi; and

     WHEREAS, agriculture in Mississippi and nationwide is facing numerous issues which can be managed through a comprehensive approach to address these issues; NOW, THEREFORE,

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

     SECTION 1.  The Legislature finds that it is in the best interest of the State of Mississippi to create the Future of Mississippi Agriculture Act of 2020 for the purposes of authorizing the Mississippi Department of Agriculture and Commerce to coordinate a response to critical issues facing Mississippi agriculture to promote and expand markets, both nationally and internationally.

SECTION 2.  (1)  Definitions.  For the purposes of this act, the following terms shall have the following meanings:

     (a)  "Agriculture" means the art and science of cultivating the soil, plants, trees and livestock to produce food, fiber and shelter.  It also includes the management of our natural resources and forests, as well as the production, processing, packaging and marketing of agricultural products.

     (b)  "Agriculture education" means any secondary career and technical education program that provides instruction within the agriculture, food and natural resources career pathway; and any post-secondary educational program in community college or at the university that provides instruction within agriculture, food and natural resources pathway, to include forestry and veterinary medicine.

     (c)  "Department" means the Department of Agriculture and Commerce.

     (d)  "Genuine MS" means a state-branding program developed for the purpose of increasing consumer awareness and expanding markets for agricultural products grown, raised, crafted or made in Mississippi.

(2)  The department shall have the following powers and duties:

     (a)  To operate an agricultural entrepreneurial center and/or Genuine MS agriculture and product marketplace business on department property and, as applicable, any online and/or approved platform and to receive funds from such transactions;

     (b)  To develop marketing and educational materials for use in promoting Genuine MS products;

     (c)  To partner or contract with Mississippi land grant universities and colleges, community colleges or any other universities and colleges, the Mississippi State Extension Service and secondary career and technical agricultural education programs to implement the purposes of this act;

     (d)  To accept, allocate and expend funds to carry out the powers and duties under the provisions of this act;

     (e)  To seek and accept grants, sponsorships and other funding to support the activities of the Genuine MS programs and initiatives and to administer and manage grants, scholarships and other funding to carry out the purposes of this act; and

     (f)  To promulgate and enforce rules and regulations as may be necessary to carry out the provisions of this act.

(3)  In addition to the duties of the commissioner as set out in Section 69-1-13, the commissioner may, for the purposes of implementing this act, utilize or expend funds, if available, for the purchase of equipment, items or products for use in developing, expanding, promoting or increasing awareness of Mississippi's agricultural products and agricultural economic development.  The commissioner also may coordinate with the Mississippi Development Authority on any projects related to agriculture, forestry and commerce.

(4)  In addition to the duties of the commissioner as set out in Section 69-1-13, the commissioner shall have the authority to execute a contract with any entity, private or public, to administer, develop, and implement a program to promote agriculture and forestry as a means for the public to donate for the purchase of memorials and/or honorariums.  The department may modify, expand or adjust the program to enhance the program's ability to promote agriculture on department property.  The department may accept, receive and expend funds for the program and can issue certificates and acknowledgements of donees, honorees and memorials.

(5)  The department shall have authority to enter into leases with third parties for land or buildings for these purposes and any related purposes, including any land or buildings on the grounds of the department or any other property under the department's control, on the grounds of the Mississippi Agriculture and Forestry Museum, at the Mississippi Farmers Market described in Section 69-7-101 et seq., or any property under the department's control. 

(6)  The department's Agricultural and Livestock Theft Bureau is authorized to conduct training for law enforcement regarding laws enforced by the bureau and to assist any other law enforcement agencies in responding to matters that may be related to agriculture and commerce in the State of Mississippi and in cases of natural disasters or other disasters to respond as needed or as requested by other agencies. 

     SECTION 3.  Section 27-104-203, Mississippi Code of 1972, is amended as follows:

     27-104-203.  From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent, audit fee, personnel fee or other charge for services or resources received.  The provisions of this section shall not apply to:

          (a) * * *  To  Grants, contracts, pass-through funds, project fees or other charges for services between state agencies and the Board of Trustees of State Institutions of Higher Learning, any public university, the Mississippi Community College Board, any public community or junior college, and the State Department of Education * * *, nor;

          (b) * * * to  Charges for services between the Board of Trustees of State Institutions of Higher Learning, any public university, the Mississippi Community College Board, any public community or junior college, and the State Department of Education * * *, nor;

          (c) * * * to  Federal grants, pass-through funds, cost allocation charges, surplus property charges or project fees between state agencies as approved or determined by the State Fiscal Officer * * *, nor;

          (d)  Telecommunications, data center services, and/or other information technology services that are used on an as-needed basis and those costs shall be passed through to the using agency * * *, nor;

          (e) * * * to  Federal grants, special funds, or pass-through funds, available for payment by state agencies to the Department of Finance and Administration related to Mississippi Management and Reporting Systems (MMRS) Statewide Application charges and utilities as approved or determined by the State Fiscal Officer.  The Board of Trustees of State Institutions of Higher Learning, any public university, the Mississippi Community College Board, any public community or junior college, and the State Department of Education shall retain the authority to charge and be charged for expenditures that they deemed nonrecurring in nature by the State Fiscal Officer * * *.;

          (f)  To the extent that the department's buildings and lands are available for rent, any fees, assessments or rentals for leases of any land or buildings on the grounds of the Mississippi Agriculture and Forestry Museum, at the Mississippi Farmers Market or on any property under the control of the Mississippi Department of Agriculture and Commerce; or

          (g)  Any fees, assessments or rentals for leases of any land or buildings at the Mississippi Fairgrounds or on any property under the control of the Mississippi Fair Commission.

     SECTION 4.  The following shall be codified as Section 69-1-119, Mississippi Code of 1972:

     69-1-119.  The Commissioner of Agriculture and Commerce shall have primary responsibility for coordinating with state and federal wildlife regulatory agencies to assist in the management and control of nuisance wildlife species on private agricultural and forestry lands.  Such species shall include, but not be limited to, beavers, black vultures, buzzards, Canada geese, coyotes, double-crested cormorants, feral swine and turkey vultures.

The commissioner may provide technical guidance and outreach to landowners, farmers, and producers regarding management of nuisance wildlife on agricultural and forestry lands.  The commissioner is authorized to partner with state and federal agencies regarding nuisance wildlife management and to promote awareness across the state.  The department is authorized to promulgate regulations, as necessary, for the furtherance of this program.  The department is authorized to accept and expend any special funds received through grants or any other source as appropriated by the Legislature.

     SECTION 5.  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 Commerce 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 to no other person or entity.  Such director may be discharged only for just cause shown.

          (c)  The director may employ * * * nine (9) twelve (12) 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 Commerce, including, but not limited to, all agriculture-related 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 Commerce 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 * * * State Tax Commission Mississippi 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)  The Mississippi Forestry Commission employees are excluded from any timber and timber products theft investigative responsibilities except when technical expertise is needed and requested through the State Forester or his designee.

     (7)  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 6.  Section 25-1-77, Mississippi Code of 1972, is amended as follows:

     25-1-77.  (1)  There is created the Bureau of Fleet Management within the Office of Purchasing, Travel and Fleet Management, Department of Finance and Administration, for the purposes of coordinating and promoting efficiency and economy in the purchase, lease, rental, acquisition, use, maintenance and disposal of vehicles by state agencies.  The Executive Director of the Department of Finance and Administration may employ a Fleet Management Officer to manage the bureau and carry out its purposes.  The bureau may employ other suitable and competent personnel as necessary.  The bureau shall encourage the use of fuel efficient or hybrid vehicles appropriate for the state agency's intended purpose and, when feasible, the use of alternative fuels or energy sources, including, but not limited to, ethanol, biodiesel, natural gas or electric power.  The bureau shall prepare a fiscal analysis of the cost-effectiveness of using alternative fuel or energy source vehicles by state agencies, and submit a report of that fiscal analysis to the Legislature by December 15, 2009.  Not later than July 1, 2014, at least seventy-five percent (75%) of all vehicles to which the bureau holds title in the name of the state must have a fuel economy estimate by the United States Environmental Protection Agency of forty (40) miles per gallon or higher for highway driving.

     (2)  The Bureau of Fleet Management shall perform the following duties:

          (a)  To hold title in the name of the State of Mississippi to all vehicles currently in possession of state agencies as defined in Section 25-9-107(d) and to assign vehicles to such agencies for use; however, the bureau shall exempt any agency or agency vehicles from the provisions of this paragraph (a) if it determines that state or federal law requires that title be vested only in the agency;

          (b)  To establish rules and regulations for state agency use of vehicles;

          (c)  To gather information and specify proper fleet management practices for state agencies;

          (d)  To acquire fleet management software and require agencies to provide necessary information for the bureau to properly monitor the size, use, maintenance and disposal of the state's fleet of vehicles; the bureau shall communicate regularly with the fleet managers of each state agency to determine strengths and weaknesses of the various fleet operations; the bureau shall disseminate information to the agencies so that each can take advantage of any beneficial practices being incorporated at other entities; the bureau shall promulgate rules and regulations concerning the mileage reimbursement practices of each state agency;

          (e)  To carry out responsibilities relative to budget recommendations as provided in Section 27-103-129;

          (f)  To reassign vehicles in the possession of any state agency if the bureau believes that another state agency can make more efficient use of a vehicle; however, except as otherwise provided in Section 51-11-101, the state agency receiving the reassigned vehicle shall pay to the previous agency's special fund, or if no special fund exists to the State General Fund, the National Automobile Dealers Association (NADA) wholesale value for the vehicle or the estimated amount for which the vehicle would have sold at auction, as shall be determined by the bureau, whichever is less;

          (g)  To investigate at any time the vehicle usage practices of any state agency; and

          (h)  To require each agency to submit to the bureau a vehicle acquisition/use/disposal plan on an annual basis.  From the plans received, the bureau shall evaluate the proposed plans and shall submit a recommendation to the Legislature prior to January 1 of each year.

     (3)  No state department, institution or agency shall purchase, rent, lease or acquire any motor vehicle, regardless of the source of funds from which the motor vehicle is to be purchased, except under authority granted by the Department of Finance and Administration.  The Bureau of Fleet Management, Department of Finance and Administration, shall promulgate rules and regulations governing the purchase, rental, lease or acquisition of any motor vehicle by a state department, institution or agency with regard to the appropriateness of the vehicle to its intended use.  The Bureau of Fleet Management, Department of Finance and Administration, shall only grant authority to purchase, rent, lease or acquire a motor vehicle which is the lowest cost vehicle to carry out its intended use.  Before the disposal or sale of any vehicle, the Bureau of Fleet Management shall make a determination that the lifetime use and mileage of the vehicle has been maximized and that it would not be feasible for another state agency to use the vehicle.

     (4)  The department, institution or agency shall maintain proper documentation which provides the intended use of the vehicle and the basis for choosing the vehicle.  Such documentation shall show that the department, institution or agency made diligent efforts to purchase, rent, lease or acquire a vehicle that is the lowest cost vehicle for its intended use.  Such documentation shall be updated as needed when the intended use of the vehicle or any other facts concerning the vehicle are changed.  All such documentation shall be approved by the State Fleet Officer prior to purchase, rental, lease or acquisition or change in use of any vehicle and shall be maintained and made available for review by the State Auditor, any other reviewing agency and the Legislature.  The Bureau of Fleet Management shall immediately notify the department head of any agency that has a vehicle found to be in violation of the bureau's rules and regulations.  At the same time, the bureau shall notify the Speaker of the House of Representatives and the Lieutenant Governor of its findings regarding any such vehicle.  If the violation is not rectified within five (5) days of the notice, then the bureau may seize the vehicle and dispose of it as the bureau deems to be in the best interest of the State of Mississippi.

     (5)  On or before September 1 of each year, the Bureau of Fleet Management shall prepare and deliver to the Senate and House Appropriations Committees and the Joint Legislative Budget Committee a report containing any irregularities that it finds concerning purchases of state-owned vehicles.

     (6)  The Department of Public Safety and the Department of Wildlife, Fisheries and Parks may retain any vehicle seized pursuant to the forfeiture laws of this state, and the total number of vehicles assigned to each such agency shall not be reduced by the number of seized vehicles which the agency retains.

     (7)  The Bureau of Fleet Management, upon request, shall grant an exemption from the provisions of this section for only any vehicle assigned to a sworn officer of the Department of Public Safety or of the Agricultural and Livestock Theft Bureau of the Department of Agriculture and Commerce and used in undercover operations when the bureau determines that compliance could jeopardize the life, health or safety of the sworn officer.

     (8)  The provisions of this section shall not apply to any state institution of higher learning.

     (9)  When making requests for authority to purchase, rent, lease or acquire vehicles as provided in subsection (3) of this section, agencies shall submit the lowest cost vehicle possible to carry out its intended use.  Any such request shall be in writing from the agency head, certifying the vehicle requested is the lowest cost option available and acknowledging that any request contrary to this provision shall subject the agency head to penalties as provided in Sections 25-1-91, 31-7-55 and 31-7-57, where applicable.  The Bureau of Fleet Management shall only approve the lowest cost vehicle, which in its estimation, will carry out the intended use.  No agency may purchase any vehicle that the Bureau of Fleet Management has disapproved as being a higher cost option.

     (10)  No requests authorized under subsections (3) and (9) of this section shall be approved by the Bureau of Fleet Management if the requesting agency has not properly maintained in the fleet/asset reporting system all information required by the Bureau of Fleet Management.  Agencies shall correct any inadequacies or discrepancies in the system noted by the Bureau of Fleet Management before the bureau may approve any requests.

     SECTION 7.  This act shall take effect and be in force from and after July 1, 2020.