MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Accountability, Efficiency, Transparency

By: Senator(s) Younger, Jackson (11th)

Senate Bill 2077

(As Passed the Senate)

AN ACT TO AMEND SECTION 69-7-101, MISSISSIPPI CODE OF 1972, TO ABOLISH THE CENTRAL MARKET BOARD AND TRANSFER ITS FUNCTIONS AND RESPONSIBILITIES TO THE DEPARTMENT OF AGRICULTURE AND COMMERCE; TO AMEND SECTION 69-7-109, MISSISSIPPI CODE 1972, TO TRANSFER POWERS OF DUTIES OF THE CENTRAL MARKET BOARD TO THE DEPARTMENT OF AGRICULTURE AND COMMERCE; TO AMEND SECTION 69-7-113, MISSISSIPPI CODE OF 1972, TO TRANSFER RECORD-KEEPING RESPONSIBILITIES FROM THE STATE MARKET TO THE DEPARTMENT OF AGRICULTURE AND COMMERCE; TO AMEND SECTION 69-7-115, MISSISSIPPI CODE OF 1972, TO TRANSFER AUTHORITY OF THE CENTRAL MARKET BOARD FOR THE ACQUISITION OF FACILITIES TO THE DEPARTMENT OF AGRICULTURE; TO AMEND SECTION 69-7-121, MISSISSIPPI CODE OF 1972, TO TRANSFER AUTHORITY OVER THE CENTRAL MARKET FUND FROM THE CENTRAL MARKET BOARD TO THE DEPARTMENT OF AGRICULTURE; TO REPEAL SECTIONS 69-7-103, 69-7-105, 69-7-107, 69-7-111, 69-7-117 AND 69-7-119, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 69-7-101, Mississippi Code of 1972, is amended as follows:

     69-7-101.  The Mississippi Central Market Board 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, 2021.  Wherever the term "Central Market Board" appears in any laws or regulation, the same shall mean the Department of Agriculture and Commerce, hereinafter referred to as "the department."  The transfer of personnel shall be commensurate with the number and classification of positions allocated to the commission.

     For the purpose of aiding, establishing and providing proper facilities for the efficient handling of farm and other food products in the interest of farmer, consumer, the general public and the State of Mississippi, and to assist in the disposal and sale of such products, there is hereby created a Mississippi * * * Central Farmers Market * * * Board, hereinafter referred to as the " * * *board.market" at 929 High Street in Jackson.

SECTION 2.  Section 69-7-109, Mississippi Code of 1972, is amended as follows:

     69-7-109.  The * * * board Department of Agriculture and Commerce shall have the power to:

          (a)  Fix salaries of any authorized employees of the market;

          (b)  Fix rentals and charges for each type of facility constructed in the market, taking into consideration the cost of such facility, the interest and amortization period required, a proper relationship between types of operators in the market, cost of operation, and the need for reasonable reserves, expansion and the like;

          (c)  Make investigations and hold hearings and conferences necessary to formulate and adopt a financial building and operating program for a market and make revisions from time to time;

          (d)  Make rules and regulations which shall govern all such business and all persons and vehicles coming upon the market;

          (e)  Provide and enforce penalties and liquidated damages relative to breaches of such rules and regulations and any contracts entered into;

          (f)  Lease the buildings and facilities to farmers, wholesale dealers, retailers and other persons engaged in the wholesale or retail marketing of perishable farm products;

          (g)  Determine and set the hours when the market may open and close during any day or night throughout the year;

          (h)  Plan, build, construct or cause to be built or constructed, or lease any facilities, on the grounds under the control of the * * * Mississippi Central Market Board department, that are deemed necessary for the successful operation of a wholesale or retail market for farm products;

          (i)  Rent or lease any necessary property, real or personal, on the grounds under the control of the * * * Mississippi Central Market Board, as may be deemed advisable by the board department for the successful operation of the market.  However, that before leasing or renting any property for use as a filling station or the sale of similar supplies and accessories, the * * * board department shall advertise and receive sealed bids therefor, and shall have the power to reject any and all of such bids, or to accept the highest and best bid made therefor, and the lessee shall erect such buildings and add such facilities as necessary to carry out the provisions of this article at the expense of the lessee in addition to any other monies paid as lease money to said board for the purpose of operating a service station.  Such establishment shall not be tax exempt.  No filling station shall be leased for a monthly rental less than One Cent (1¢) per gallon for each gallon of gasoline sold;

          (j)  Employ an attorney as prescribed in Section 69-1-14.

     The * * * said board department shall also have full power and authority to rent or lease real property, on the grounds under the control of the * * * Mississippi Central Market Board department, not otherwise used, for a period not to exceed twenty-five (25) years to private concerns for the purpose of processing agricultural products, and providing such facilities found necessary by the * * * board department to carry out the purposes of this article, and such facilities, structures, buildings, or other improvements erected or placed thereon by private concerns shall be subject to taxation the same as private property, provided, however, that improvements or facilities erected thereon for processing agricultural products shall not be assessed or taxed until five (5) years after completion of construction.  The improvements and facilities erected on said leased property shall be liable for ad valorem taxes and shall be assessed and levied against said leasehold separately from the fee of said lands, and upon failure to pay taxes upon same when due, said facilities and improvements shall be sold by the tax collector as other property is sold for the nonpayment of taxes, but only such rights of the lessee under said lease contract shall be so sold.  Upon the failure to pay taxes promptly when due on said lease, * * * said board the department shall have the power to cancel and terminate said lease immediately and shall thereupon be authorized to lease or re-lease same to another private individual or concern as herein provided.

     The provisions hereof regarding taxation shall not apply to those buildings, structures and facilities erected on said property by the * * * board department.

     The * * * Central Market Board department shall maintain or operate local market * * *, after the local board or members of any local market have voted to transfer its activity to the state market board.  However, such local market shall be in the sale of produce or farm products, and the Central Market Board shall not be required to assume any outstanding indebtedness in connection with the acquisition of such local market facilities.

     SECTION 3.  Section 69-7-113, Mississippi Code of 1972, is amended as follows:

     69-7-113.  The * * * market manager Department of Agriculture and Commerce shall keep, or have kept, records of all leases, rentals, sales, and expense items which shall be audited as other state records are audited.  And * * * he the department shall make, or cause to be made, a report of receipts and disbursements and other information pertaining to the operations of the market to each regular session of the Legislature.

     SECTION 4.  Section 69-7-115, Mississippi Code of 1972, is amended as follows:

     69-7-115.  The * * * board Department of Agriculture and Commerce is hereby authorized subject to the approval of the building commission to acquire by purchase, donation, lease or condemnation, and for and in the name of the State of Mississippi, a suitable site or sites, accessible to highways and railroads and air terminal facilities, and to erect and install thereon such structures, facilities, and equipment as may be necessary for the inspection, grading, standardization, classification, refrigeration, processing and marketing of such products (for both food and feed), within the amount appropriated for such purposes by the Legislature and subject to the approval of the building commission.

     SECTION 5.  Section 69-7-121, Mississippi Code of 1972, is amended as follows:

     69-7-121.  All funds collected under this article shall be deposited in the State Treasury to the credit of Central Market Fund and shall be used solely for payment of the expenses of operation and maintenance of such market and facilities including the acquisition, leasing, maintenance and operation of local farm market facilities * * * located at other points in the State of Mississippi as provided for herein, and for the employment of such production and marketing personnel as will, in the discretion of the * * * Central Market Board Department of Agriculture and Commerce, more effectively promote the operation of such market, on warrants issued according to law pursuant to payment vouchers signed by the * * * chairman Commissioner or his designee.

     SECTION 6.  Section 69-7-103, Mississippi Code of 1972, which determines members of the board and terms of office, is hereby repealed.

     SECTION 7.  Section 69-7-105, Mississippi Code of 1972, which outlines the meetings of the board and compensation of members, is hereby repealed.

     SECTION 8.  Section 69-7-107, Mississippi Code of 1972, establishes the headquarters and organization of the board, is hereby repealed.

     SECTION 9.  Section 69-7-111, Mississippi Code of 1972, which determines the bond, duties, and compensation of the state market manager, is hereby repealed.

     SECTION 10.  Section 69-7-117, Mississippi Code of 1972, authorizes the management and disposition of property, is hereby repealed.

     SECTION 11.  Section 69-7-119, Mississippi Code of 1972, which mandates limitations on powers of the board, is hereby repealed.

     SECTION 12.  This act shall take effect and be in force from and after July 1, 2021.

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