MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Agriculture; Workforce Development
By: Representatives Pigott, Holloway, Anthony
AN ACT TO CREATE A NEW CODE SECTION TO BE CODIFIED AS SECTION 69-1-119, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE AND COMMERCE TO PROVIDE TECHNICAL GUIDANCE AND OUTREACH TO LANDOWNERS, FARMERS AND PRODUCERS REGARDING THE MANAGEMENT OF NUISANCE WILDLIFE, 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 AND TO AUTHORIZE THE 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 SECTION 25-1-77, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CERTAIN EXEMPTIONS OF DEPARTMENT LAW ENFORCEMENT VEHICLES FROM BUREAU OF FLEET MANAGEMENT REQUIREMENTS; TO AMEND SECTION 69-5-1, MISSISSIPPI CODE OF 1972, TO ABOLISH THE STATE FAIR COMMISSION AND TRANSFER ITS FUNCTIONS AND RESPONSIBILITIES TO THE DEPARTMENT OF AGRICULTURE AND COMMERCE; TO AMEND SECTIONS 69-5-3, 69-5-5, 69-5-7, 69-5-8, 69-5-11, 69-5-13, 69-5-15, 69-5-27, 69-5-29 AND 69-5-31, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 69-1-119, Mississippi Code of 1972:
69-1-119. The Commissioner of Agriculture and Commerce may provide technical guidance and outreach to landowners, farmers and producers regarding the management of nuisance wildlife on private 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 accept and expend any special funds received through grants or any other source as appropriated by the Legislature.
SECTION 2. 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 * * *
twelve (12) agricultural and livestock theft investigators * * *. 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 * * *;
(j) 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.
(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 * * * 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 3. 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 4. Section 69-5-1, Mississippi Code of 1972, is amended as follows:
69-5-1. (1) The Mississippi Fair Commission is hereby abolished, and all of the powers, duties, property, contractual rights and obligations and unexpended funds of that commission shall be transferred to the Department of Agriculture and Commerce on July 1, 2020. Wherever the term "Mississippi Fair Commission" appears in any law or regulation, the same shall mean the Department of Agriculture and Commerce. The transfer of personnel shall be commensurate with the number and classification of positions allocated to the commission.
(2) 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 * * * Advisory Council." The department
shall receive input and guidance from the advisory council, which shall be
composed of the following: The Commissioner of Agriculture and Commerce,
chairman, the Director of the Mississippi State University Extension
Service, President of the Mississippi Livestock Association, the Director of
Mississippi Vocational Education, * * * the Director of
the Mississippi Development Authority, the Mayor of the City of Jackson,
Mississippi, and an appointee of the Governor, all to serve * * * without salary compensation. * * *
SECTION 5. Section 69-5-3, Mississippi Code of 1972, is amended as follows:
69-5-3. (1) The * * * Department of
Agriculture and Commerce 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 to meet at the call of the chairman department,
at least twice each year, to approve premium lists or awards, and give out
rules governing participants in state premium money in Mississippi. The * * * department may invite the
presidents of the various district livestock shows before the * * * department when determining
policies affecting district livestock shows.
(2) The * * * Department of
Agriculture and Commerce 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 Commerce 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 Commerce is hereby authorized to employ an attorney as
prescribed in Section 69-1-14.
(5) The * * * Department of
Agriculture and Commerce may take any action authorized in Section 1 of
Laws 2000, Chapter 306.
(6) The * * * Department of
Agriculture and Commerce 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, grounds 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 * * * department. Furthermore,
the * * * department may lease to any
public, private, commercial or charitable entity for a term not to exceed
twenty (20) years naming rights to buildings, except for the Kirk Fordice
Equine Center, or property, including, but not limited to, new construction,
improvements to existing buildings, grounds and/or objects located on the State
Fairgrounds in return for consideration benefitting the commission. The lessee
shall pay the cost of erecting, maintaining and removing signage related to the
property. 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 Commerce 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 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 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 * * * 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
Commerce 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 for the benefit of the State Fairgrounds.
All monies in the special fund may be used for capital improvements to the
State Fairgrounds or in the * * * department's annual
operating budget for operating and administrative costs associated with the
State Fairgrounds. 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 Commerce is hereby authorized, with the advice of the
Mississippi Fair Advisory Council, 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 Commerce 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 6. Section 69-5-5, Mississippi Code of 1972, is amended as follows:
69-5-5. The * * * Commissioner of Agriculture and
Commerce shall appoint, subject to the advice and consent of the Senate, a
director within the department who shall oversee all operations at the State
Fairgrounds Complex and its adjoining properties and who shall * * * give full and detailed reports of livestock
shows and fairs participating in premium monies, for report to the Governor and
Legislature. The compensation of the director shall be fixed by the
Commissioner of Agriculture and Commerce, subject to approval by the State
Personnel Board, and shall be exempt from the provisions of subsection (2) of
Section 25-3-39.
SECTION 7. 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 Commerce.
SECTION 8. 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
Commerce, 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 Commerce 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 9. Section 69-5-11, Mississippi Code of 1972, is amended as follows:
69-5-11. (1) The * * *
Department of Agriculture and Commerce 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 Commerce for operating and administrative costs associated with
the State Fairgrounds, and such excess funds received by the * * * department shall be
deposited in * * *
a special fund account managed by the department for the benefit of
the State Fairgrounds.
(3) The State Treasurer is
hereby directed to invest such excess funds to the credit of the * * * special account managed
by the department for the benefit of the State Fairgrounds.
SECTION 10. Section 69-5-13, Mississippi Code of 1972, is amended as follows:
69-5-13. The * * * Department of
Agriculture and Commerce 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 Commerce.
SECTION 11. Section 69-5-15, Mississippi Code of 1972, is amended as follows:
69-5-15. (1) The words
"revenue bonds" shall be deemed to mean bonds payable solely from the
net revenue received by the * * * Department of
Agriculture and Commerce.
The Department of Finance
and Administration shall have power and is hereby authorized, at one time or
from time to time by resolution, to authorize the issuance of negotiable
revenue bonds to provide funds for the purpose of paying all or any part of the
cost of construction and/or improvements requested by the * * * Department of
Agriculture and Commerce pursuant to Section 69-5-13, or the cost of any
purchase of property or improvements thereon pursuant to Section 17-17-49, but
in no event shall the amount of such bonds outstanding at any one time exceed
Four Million Dollars ($4,000,000.00); and shall cause a certified copy of such
resolution to be delivered to the State Bond Commission. No bonds shall be
issued under this section after April 23, 2008. Upon the receipt of said
authorizing resolution, the State Bond Commission, acting as the issuing agent,
shall issue and sell the revenue bonds of the State of Mississippi when
authorized at the time and in the amount indicated in said resolution,
prescribe the form of the bonds, advertise for and accept bids therefor, issue
and sell the bonds, and do any and all other things necessary and advisable in
the issuance and sale of said bonds. The principal of and the interest on such
revenue bonds shall be payable solely from a special fund to be provided for
that purpose from the net revenue received by the * * * Department of
Agriculture and Commerce. Such bonds shall bear date or dates, be in such
denomination or denominations, bear interest at such rate or rates, provided
that the bonds of any issue shall not bear a greater overall maximum interest
rate to maturity than that allowed in Section 75-17-103, be payable at such
place or places within or without the State of Mississippi, shall mature at
such time or times, be redeemable prior to 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 the State Bond Commission. Such bonds shall mature in annual installments
beginning not more than three (3) years from date thereof and extending not
more than twenty (20) years from date thereof. Such bonds shall be signed by
the Chairman of the State Bond Commission, or by his facsimile signature, and
the official seal of the State Bond Commission shall be affixed thereto, and
attested by the Secretary of the State Bond Commission. The interest coupons,
if any, to be attached to such bonds or other certificates thereon may be
executed by the facsimile signatures of said officers. Whenever any such bonds
shall have been signed by the officials herein designated to sign the bonds who
were in office at the time of such signing but who may have ceased to be such
officers prior to 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 the delivery of the same to the purchaser or
had been in office on the date such bonds may bear.
(2) No bonds shall be issued under the authority of this section prior to February 1, 1983; thereafter such bonds may be issued provided that the expansion and other improvements of the Mississippi Industrial Showcase and Trade Mart Building shall have priority in the use of the proceeds of such bonds and provided that the Department of Finance and Administration has approved plans to increase the size of such building by at least fifty percent (50%).
SECTION 12. Section 69-5-27, Mississippi Code of 1972, is amended as follows:
69-5-27. The * * *
Department of Agriculture and Commerce shall have the power and
authority, in its discretion, to borrow money from any bank or banks in an
amount not in excess of Two Hundred Thousand Dollars ($200,000.00), to be used
for the repair, renovation or maintenance of buildings located at the
Mississippi State Fairgrounds. The * * * Department of Agriculture
and Commerce may use any funds accruing to it to service and retire said
indebtedness. Such loan shall not exceed a term of ten (10) years and shall
bear interest at a rate not in excess of that provided for in Section 75-17-101.
Any loan secured under the provisions of this section shall be approved by the State Bond Commission.
SECTION 13. Section 69-5-29, Mississippi Code of 1972, is amended as follows:
69-5-29. The * * * Department
of Agriculture and Commerce may by regulation establish policies for the
issuance of free passes. These policies shall not prohibit officials of the
fair or designated authority from entering said places for inspection purposes;
shall not apply to press reporters designated to report news items; and shall
not prohibit the commission from declaring specified days, such as Press Day,
Legislator's Day, or any other special day.
SECTION 14. Section 69-5-31, Mississippi Code of 1972, is amended as follows:
69-5-31. (1) The * * * Department of
Agriculture and Commerce is authorized to hire and designate area law
enforcement officers on a contractual basis to provide security and to enforce
all laws of the State of Mississippi on the Mississippi State Fairgrounds
Complex. All officers must have attended and satisfactorily completed the
training course required for law enforcement officers at the Law Enforcement
Officer's Training Academy or an equivalent facility. All officers must be
current with this certification. A complete record of all law enforcement
training of each employee will be maintained in each employee's record of
employment. Furthermore, the * * * Department of
Agriculture and Commerce may enter into a contract with any certified law
enforcement officer to provide security to the * * * Department of
Agriculture and Commerce with jurisdiction to enforce all laws of the State
of Mississippi on property known as the "Mississippi State Fairgrounds
Complex" and any and all of its outlying buildings and property.
(2) (a) All officers while
in performance of their duty on the premises or at any of the facilities at
the Mississippi State Fairgrounds Complex under the direction or control of
the * * * Department of Agriculture and Commerce and
public property immediately adjacent to such facilities shall:
(i) Be required to
dress in uniforms prescribed by * * * the
respective law enforcement agency by which he or she is employed; and
(ii) Be authorized to carry weapons.
(b) Employees
designated as officers shall be duly sworn and vested with authority to bear
arms and make arrests, and shall exercise primarily the responsibilities of the
prevention and detection of crime, the apprehension of criminals, and the
enforcement of the ordinances and policies of the * * * Department
of Agriculture and Commerce, a political subdivision of the State of
Mississippi. Employees designated as such officers shall be considered law
enforcement officers within the meaning of Section 45-6-3.
SECTION 15. Sections 4 through 14 of this act shall stand repealed on July 1, 2022.
SECTION 16. This act shall take effect and be in force from and after July 1, 2020.