MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Agriculture

By: Senator(s) Thames

AN ACT TO PROVIDE THAT CERTAIN INFORMATION CONCERNING CONSERVATION PLANS COLLECTED BY THE MISSISSIPPI SOIL AND WATER CONSERVATION COMMISSION IS NOT SUBJECT TO THE MISSISSIPPI PUBLIC RECORDS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Except as otherwise provided in this section, information collected by the Mississippi Soil and Water Conservation Commission, hereinafter referred to as "commission", or a conservation district is not subject to the Mississippi Public Records Act of 1983 and may not be disclosed if the information is collected in response to a specific request from a landowner or the landowner's agent or tenant for technical assistance relating to a water quality management plan or other conservation plan if this assistance is to be provided on private land that:

(a) Is part of a conservation plan or water quality management plan developed cooperatively with the commission or conservation district; or

(b) Is the subject of a report prepared by the commission or conservation district.

(2) The commission or a conservation district may disclose information regarding a tract of land to:

(a) The owner of the tract or the owner's agent or tenant; and

(b) A person other than the owner or the owner's agent or tenant if:

(i) The owner or the agent or tenant consents in writing to full or specified partial disclosure of the information; and

(ii) The consent is attached to each plan or report regarding the tract prepared by the commission or local conservation district.

(3) The commission or a conservation district may disclose, in a manner that prevents the identification of a particular tract of land, the owner of the tract or the owner's agent or tenant, a summary of information collected by the commission or local conservation district regarding:

(a) The number of acres of land that are in a particular conservation plan;

(b) The number of acres of land that are subject to a particular conservation practice; or

(c) Other conservation program information.

(4) The commission or a conservation district shall provide a person with notice regarding this section at the time the person requests technical assistance from the commission or conservation district.

(5) The commission or a conservation district may disclose information to a law enforcement agency of this state or the United States in compliance with a subpoena for the information.

(6) The commission or a conservation district may disclose information relating to water quality complaints or compliance failures to the Mississippi Department of Environmental Quality.

(7) The commission or a conservation district may disclose to the Attorney General information relating to a breach of contract.

(8) The commission or a conservation district may not be held liable for damage caused by a violation of this section.

(9) A reference in this section to the commission or a conservation district includes an officer, employee or agent of the commission or conservation district.

SECTION 2. This act shall cover information collected as a result of existing or future conservation plans or reports.

SECTION 3. This act shall take effect and be in force from and after its passage.