MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Agriculture
By: Representatives Pigott, Carpenter
AN ACT TO RECONSTITUTE THE MISSISSIPPI FAIR COMMISSION; TO PROVIDE FOR ITS COMPOSITION; TO PRESCRIBE AND RESTORE ITS POWERS AND DUTIES, WHICH HAD BEEN TRANSFERRED TO THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND COMMERCE BY VIRTUE OF HOUSE BILL NO. 1566, 2020 REGULAR SESSION; TO AMEND SECTIONS 69-5-1, 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. Section 69-5-1, Mississippi Code of 1972, is amended as follows:
69-5-1. * * *
( * * *21) 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 * * * a body politic and
corporate to be hereafter known as the "Mississippi Fair * * * Commission," which
said body politic and commission shall be under the management and control of
the commission, * * *
which shall be composed of the following:
(a) The
Commissioner of Agriculture and Commerce, who shall serve as the chairman * * *;
(b) The
Director of the Mississippi State University Extension Service, or his or
her appointee * * *;
(c) The
President of the Mississippi * * * Cattlemen's Association, or
his or her appointee;
(d) The * * * President of the
Mississippi * * * Farm Bureau Federation, or his or her appointee;
(e) The * * * President of the Junior League of Jackson, or
her appointee * * *;
(f) The * * * Director of Visit Mississippi,
or his or her appointee; and * * *
(g) The President of the Mississippi Horse Show Association, or his or her appointee.
(2) Each member of the
commission shall be appointed to serve for a term of four (4) years * * * without salary compensation. In
the event a vacancy occurs by resignation or death, the respective organization
from which the appointment was made shall designate a successor to represent
the organization on the commission wherein the vacancy was created.
(3) The Mississippi Fair Commission is hereby vested with all of the powers, duties, property, contractual rights and obligations to expended funds that shall be appropriated by the Legislature.
SECTION 2. Section 69-5-3, Mississippi Code of 1972, is amended as follows:
69-5-3. (1) The * * * Mississippi
Fair Commission shall set up rules and regulations consistent with the law
governing the distribution of state monies for premiums or awards, which
such amounts shall be appropriated by the Legislature based upon the
commission's recommendations for such purpose included in its annual budget
request submitted to the Joint Legislative Budget Committee. It will be
the duty of the * * *
commission to meet upon the call of the Commissioner of Agriculture and
Commerce, in his capacity as chairman, at least twice each year, to approve
premium lists or awards, and give out rules governing participants in state
premium money in Mississippi. The * * * commission may invite the
presidents of the various district livestock shows before the * * * commission when determining
policies affecting district livestock shows.
(2) The * * * Mississippi
Fair Commission is hereby authorized to accept money or funds donated to
the * * *
commission, including funds to be awarded as prizes in livestock
competition. Any money or funds received under this subsection shall be placed
in a special fund. The * * *department commission shall not expend any money or
funds from the special fund without appropriation by the Legislature.
(3) The * * * Mississippi
Fair Commission 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 * * *
commission. The Mississippi State Fair shall be held on the State
Fairgrounds as defined by this subsection.
(4) The * * * Mississippi
Fair Commission is hereby authorized to employ an attorney as prescribed in
Section 69-1-14.
(5) The * * * Mississippi
Fair Commission may take any action authorized in Section 1 of Chapter 306,
Laws of 2000.
(6) Subject to the approval
of the Department of Finance and Administration, the * * * Mississippi
Fair Commission 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 as
defined in subsection (3) of this section, 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 * * * commission. Furthermore, the * * * commission 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 as defined in subsection (3) of this section 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 commission to be used for capital
improvements to the fairgrounds or in its annual operating budget subject to
appropriation by the Legislature and shall be deposited in the special fund
referenced in subsection (8) of this section. The * * * commission 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, as chairman of the Mississippi Fair Commission,
is authorized to form and establish a private foundation or nonprofit
corporation to receive and disburse private funds for the purpose of supporting
the fairgrounds through fundraising efforts and the acceptance of donations for
the benefit of the fairgrounds. The funds shall be disbursed in accordance
with the 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 * * * commission 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 * * * commission for operating and
administrative costs associated with the State Fairgrounds as defined in
subsection (3) of this section. In addition to the reporting of information to
be included in the annual legislative report of the * * * commission, 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 * * * Mississippi
Fair Commission 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 as
defined in subsection (3) of this section, and any funds generated from such
lease or right-of-way shall remain in a special fund managed by the * * * commission for the benefit of
the State Fairgrounds. All monies in the special fund shall be subject to
appropriation by the Legislature and may be used for capital improvements to
the State Fairgrounds as defined in subsection (3) of this section, or in the * * * commission'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 * * * Mississippi
Fair Commission is hereby authorized * * * 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 * * * Mississippi
Fair Commission 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 and the
Chairs of the Appropriations Committees of the House and Senate.
SECTION 3. Section 69-5-5, Mississippi Code of 1972, is amended as follows:
69-5-5. The * * * Mississippi
Fair Commission shall appoint, subject to the advice and consent of the
Senate, a director * * * who shall oversee all operations at the State
Fairgrounds Complex and its adjoining properties and who shall be required
to keep full and complete minutes of the commission's actions and 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 * * * commission,
subject to approval by the State Personnel Board, and shall be exempt from the
provisions of subsection (2) of Section 25-3-39.
SECTION 4. Section 69-5-7, Mississippi Code of 1972, is amended as follows:
69-5-7. Headquarters of the
Mississippi State Fair * * *
Commission shall be in connection with the office of the Department of
Agriculture and Commerce.
SECTION 5. Section 69-5-8, Mississippi Code of 1972, is amended as follows:
69-5-8. The building under
the jurisdiction of the * * *Department of Agriculture and Commerce Mississippi Fair
Commission, 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 * * * Mississippi
Fair Commission 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 * * * of Governor Kirk Fordice to the
State of Mississippi.
SECTION 6. Section 69-5-11, Mississippi Code of 1972, is amended as follows:
69-5-11. (1) The * * * Mississippi
Fair Commission 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 * * * Mississippi
Fair Commission for operating and administrative costs associated with the
State Fairgrounds, and such excess funds received by the * * * commission shall be deposited
in a special fund account managed by the * * * commission 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 * * *
Mississippi Fair Commission for the benefit of the State Fairgrounds.
SECTION 7. Section 69-5-13, Mississippi Code of 1972, is amended as follows:
69-5-13. The * * * Mississippi
Fair Commission 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 * * * Mississippi
Fair Commission.
SECTION 8. 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 * * * Mississippi
Fair Commission.
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 * * * Mississippi
Fair Commission 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 Mississippi Fair
Commission. 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 9. Section 69-5-27, Mississippi Code of 1972, is amended as follows:
69-5-27. The * * * Mississippi
Fair Commission 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 * * * commission
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 10. Section 69-5-29, Mississippi Code of 1972, is amended as follows:
69-5-29. The * * * Mississippi
Fair Commission 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 11. Section 69-5-31, Mississippi Code of 1972, is amended as follows:
69-5-31. (1) The * * * Mississippi
Fair Commission 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 * * * Mississippi Fair Commission may
enter into a contract with any certified law enforcement officer to provide
security to the * * * Mississippi Fair Commission 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 * * * Mississippi
Fair Commission 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 * * * Mississippi
Fair Commission, 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.
(3) The identities and
personal information of the officers under the authority of this section are
confidential and shall not be publicly disclosed by the department. The * * * Mississippi
Fair Commission shall redact the identities and personal information of
officers contracted to serve on the Mississippi State Fairground Complex, from
all contracts disclosed as public records in compliance with the Mississippi
Public Records Act, prescribed under Section 25-61-1 et seq.; and such law
enforcement contracts shall not be posted on the Department of Finance and
Administration's searchable website, as required by the Mississippi
Accountability and Transparency Act, prescribed under Section 27-104-151 et
seq.
SECTION 12. This act shall take effect and be in force from and after July 1, 2025.