MISSISSIPPI LEGISLATURE

2000 Regular Session

To: County Affairs

By: Representatives Robinson (63rd), Reeves

AN ACT TO AMEND SECTION 19-3-71, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ALL COUNTY FIRE COORDINATORS TO PROHIBIT OR RESTRICT OUTDOOR FIRE BURNING ACTIVITIES IN CERTAIN AREAS OF THE COUNTIES; TO REENACT SECTION 49-19-3, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE DUTIES AND POWERS OF THE MISSISSIPPI FORESTRY COMMISSION; TO AMEND REENACTED SECTION 49-19-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI FORESTRY COMMISSION AND THE STATE FORESTER SHALL ASSIST AND COOPERATE WITH THE COUNTY FIRE COORDINATORS IN THE PROTECTION OF THE FORESTS AND WOODLANDS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 19-3-71, Mississippi Code of 1972, is amended as follows:

19-3-71. (1) The board of supervisors in each county shall appoint a county fire coordinator, and may compensate him from any available county funds. The county fire coordinator shall serve as a liaison between the Commissioner of Insurance and local governments and shall be a fire fighter who is a member of a fire crew of a volunteer or municipal fire department serving any fire district, county or municipality. The director of the local organization for emergency management serving the county may be such coordinator if he is a fire fighter as described in this section.

(2) The fire coordinator shall determine whether drought conditions, as defined herein, exist in all or part of his county. If such drought conditions exist, the county fire coordinator may prohibit or restrict outdoor fire burning activities in the part of the county that is experiencing drought conditions. For purposes of this subsection, "drought conditions" means the existence of a long-term deficit of moisture creating atypically severe conditions with increased wildfire occurrence as determined through the use of the Keetch-Byram Drought Index or, when such index is not available, through a comparable measurement which takes into consideration the burning index, spread component or ignition component for that particular area. The Mississippi Forestry Commission shall make available to each county fire coordinator the measurement index guidelines that determine whether a particular area is in drought condition.

(3) Nothing in this section shall be construed to limit the authority of the Mississippi Forestry Commission as provided in Section 49-19-1 et seq.

SECTION 2. Section 49-19-3, Mississippi Code of 1972, is reenacted and amended as follows:

49-19-3. The duties and powers of the commission shall be:

(1) To appoint a state forester, who shall serve at the will and pleasure of the commission and who is qualified to perform the duties as set forth herein; and to pay him such salary as is provided by the Legislature, and allow him such office expenses incidental to the performance of his official duties as the commission, in its discretion, may deem necessary; and to charge him with the immediate direction and control, subject to the supervision and approval of the commission, of all matters relating to forestry as authorized herein. Any person appointed by the commission as state forester shall have received a bachelor's degree in forestry from an accredited school or college of forestry and shall be licensed and registered under the provisions of the Mississippi Foresters Registration Law (Section 73-36-1 et seq.) and in addition shall have had at least five (5) years' administrative experience in a forestry-related field.

(2) To take such action and provide and maintain such organized means as may seem necessary and expedient to prevent, control and extinguish forest fires, including the enforcement of any and all laws pertaining to the protection of forests and woodland.

(3) To encourage forest and tree planting for the production of a wood crop, for the protection of water supply, for windbreak and shade, or for any other beneficial purposes contributing to the general welfare, public hygiene and comfort of the people.

(4) To cause to be made such technical investigations and studies concerning forest conditions, the propagation, care and protection of forest and shade trees, the care and management of forests, their growth, yield and the products and by-products thereof, and any other competent subject, including forest taxation, bearing on the timber supply and needs of the state, which the commission, in its discretion, may deem proper.

(5) To assist and cooperate with any federal or state department or institution, county, town, corporation or individual, including any county fire coordinator, under such terms as in the judgment of the commission will best serve the public interest, in the preparation and execution of plans for the protection, management, replacement, or extension of the forest, woodland and roadside or other ornamental tree growth in the state.

(6) To encourage public interest in forestry by means of correspondence, the public press, periodicals, the publication of bulletins and leaflets for general distribution, the delivery of lectures in the schools and other suitable means, and to cooperate to the fullest extent with the extension department services of the state colleges in promoting reforestation. It shall be the duty of the state forester to cooperate with private timber owners in laying plans for the protection, management and replacement of forests and in aiding them to form protection associations. It shall be his duty to examine all timbered lands belonging to the state and its institutions and report to the commission upon their timber conditions and actual value, and also whether some of these lands may not be held as state forests. He shall be responsible for the protection and management of lands donated, purchased or belonging to the state or state institutions, and all other lands reserved by the state as state forests.

(7) To control the expenditure of any and all funds appropriated or otherwise made available for the several purposes set forth herein under suitable regulations and restrictions by the commission and to specifically authorize any officer or employee of the commission to incur necessary and stipulated expenses in connection with the work in which such person may be engaged.

(8) To submit annually to the Legislature a report of the expenditures, proceedings and results achieved, together with such other matters including recommendations concerning legislation as are germane to the aims and purposes of this chapter.

(9) To create, establish and organize the State of Mississippi into forestry districts for the most effective and efficient administration of the commission.

(10) To appoint, upon the state forester's recommendation, two (2) individuals who shall be designated Mississippi Forestry Commission Law Enforcement Officers with authority to bear arms, investigate and make arrests; however, the law enforcement duties and authority of such officers shall be limited to woods arson. Such officers shall comply with applicable minimum educational and training standards for law enforcement officers. This subsection (10) shall stand repealed on June 30, 2001.

SECTION 2. This act shall take effect and be in force from and after June 30, 2000.