MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Public Buildings, Grounds and Lands

By: Representative McBride, Morris, Henderson

AN ACT TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO TRANSFER TO THE MISSISSIPPI DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS CERTAIN REAL PROPERTY LOCATED IN QUITMAN COUNTY, MISSISSIPPI, ALSO KNOWN AS THE "O'KEEFE DIVISION LANDS"; TO AMEND SECTIONS 47-5-56, 47-5-66 AND 47-5-78, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO REPEAL SECTION 47-5-57, MISSISSIPPI CODE OF 1972, WHICH REQUIRES A PUBLIC HEARING TO BE HELD BEFORE TIMBER IS CLEARED BY THE MISSISSIPPI DEPARTMENT OF CORRECTIONS ON THE O'KEEFE DIVISION LANDS; TO AMEND SECTION 29-1-55, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The Mississippi Department of Corrections is authorized to transfer to the Mississippi Department of Wildlife, Fisheries and Parks certain real property located in Quitman County, Mississippi, also known as the "O'Keefe Division Lands," described more specifically as follows:

All Mississippi Department of Corrections lands that

lie in Township 26, Range 1 West, Section 2 less

NW 1/4, Section 3, Section 10, Section 11, Section 12, Section 13, Section 14, Section 15, Section 22,

Section 23, Section 24, Section 25, Section 26 and

Section 27 of Quitman County, Mississippi.

(2) The Mississippi Department of Wildlife, Fisheries and Parks shall assume all supervision, management, maintenance and control of the property described in subsection (1) of this section.

(3) Upon the effective date of this act, the lease agreement entered into by the Mississippi Department of Corrections and the Mississippi Department of Wildlife, Fisheries and Parks pertaining to the real property described in subsection (1) of this section shall be terminated.

SECTION 2. Section 47-5-56, Mississippi Code of 1972, is amended as follows:

47-5-56. The department shall lease to the Mississippi Commission on Wildlife, Fisheries and Parks for a period of twenty (20) years all timberlands in Quitman County for an annual rental of One Dollar ($1.00). The lands so leased to the Mississippi Commission on Wildlife, Fisheries and Parks shall be used and maintained as a public game and fish management area. * * * All costs associated with the management of timber shall be paid from the fund. The remaining funds shall then be deposited in the Prison Agricultural Enterprises Fund, as created in Section 47-5-66. Any timber needed in the building operations carried on by the department may be purchased by the department at a cost not to exceed the cost of the management of that timber.

SECTION 3. Section 47-5-66, Mississippi Code of 1972, is amended as follows:

47-5-66. (1) It shall be the duty of the State Department of Finance and Administration, with the approval of the Public Procurement Review Board, to lease lands at public contract upon the submission of two (2) or more sealed bids to the State Department of Finance and Administration after having advertised the land for rent in newspapers of general circulation published in Jackson, Mississippi; Memphis, Tennessee; the county in which the land is located, and contiguous counties for a period of not less than two (2) successive weeks. The first publication shall be made not less than ten (10) days before the date of the public contract, and the last publication shall be made not more than seven (7) days before that date. The State Department of Finance and Administration may reject any and all bids. If all bids on a tract or parcel of land are rejected, the State Department of Finance and Administration may then advertise for new bids on that tract or parcel of land. Successful bidders shall take possession of their leaseholds at the time authorized by the State Department of Finance and Administration. However, rent shall be due no later than the day upon which the lessee shall assume possession of the leasehold, and shall be due on the anniversary date for each following year of the lease. The State Department of Finance and Administration may provide in any lease that rent shall be paid in full in advance or paid in installments, as may be necessary or appropriate. In addition, the State Department of Finance and Administration may accept, and the lease may provide for, assignments of federal, state, or other agricultural support payments, growing crops or the proceeds from the sale thereof, promissory notes, or any other good and valuable consideration offered by any lessee to meet the rent requirements of the lease. If a promissory note is offered by a lessee, it shall be secured by a first lien on the crop of the lessee, or the proceeds from the sale thereof. The lien shall be filed pursuant to Article 9 of the Mississippi Uniform Commercial Code and Section 1324 of the Food Security Act of 1985, as enacted or amended. If the note is not paid at maturity, it shall bear interest at the rate provided for judgments and decrees in Section 75-17-7 from its maturity date until the note is paid. The note shall provide for the payment of all costs of collection and reasonable attorney's fees if default is made in the payment of the note. The payment of rent by promissory note or any means other than cash in advance shall be subject to the approval of the Public Procurement Review Board, which shall place the approval of record in the minutes of the board. There is created a special fund to be designated as "the Prison Agricultural Enterprises Fund." Any monies in hand or due from the leasing of Penitentiary lands * * * and earmarked for the Prison Industries Fund shall be deposited to the special fund for prison agricultural enterprises. All monies in each fiscal year derived from the leasing of the Penitentiary lands * * * shall be deposited into the special fund for the purpose of conducting, operating and managing the prison agricultural enterprises of the department. All profits derived from the prison agricultural enterprises shall be deposited into the Prison Agricultural Enterprises Fund. All profits derived from prison industries shall be placed in a special fund in the State Treasury to be known as the Prison Industries Funds, to be appropriated each year by the Legislature to the nonprofit corporation, which is required to be organized under the provisions of Section 47-5-535, for the purpose of operating and managing the prison industries. The state shall have the rights and remedies for the security and collection of the rents given by law to landlords. Upon the execution of the agricultural leases to private entities as authorized by Section 47-5-64, the leased land shall be liable to be taxed as other lands are taxed during the continuance of the lease, but in case of sale thereon for taxes, only the title of the leaseholder or his heirs or assigns shall pass by the sale. Any funds obtained by the corporation as a result of sale of goods and services manufactured and provided by it shall be accounted for separate and apart from any funds received by the corporation through appropriation from the State Legislature. All nonappropriated funds generated by the corporation shall not be subject to appropriation by the State Legislature.

(2) This section shall be repealed from and after July 1, 2002.

SECTION 4. Section 47-5-78, Mississippi Code of 1972, is amended as follows:

47-5-78. There is established within the State Treasury a revolving fund to fund forest management costs provided under Section * * * 47-5-66 for the Lambert State Forest in Quitman County and shall be disbursed as provided in those sections. The fund shall be called the "Lambert State Forest Revolving Fund," and moneys for the fund shall accrue from any revenues derived from the Lambert State Forest including, but not limited to, timber sales and any other revenue derived from forest management practices. The State Treasurer shall invest all monies in the fund, and interest earned on the investments shall be paid back into the fund and not into the General Fund. The fund shall be audited annually by the State Auditor.

SECTION 5. Section 47-5-57, Mississippi Code of 1972, which requires a public hearing to be held before timber is cleared by the Mississippi Department of Corrections on the O'Keefe Division Lands, is repealed.

SECTION 6. Section 29-1-55, Mississippi Code of 1972, is amended as follows:

29-1-55. Where timber standing on lands is assessed to persons other than those owning the fee title to the lands, and the taxes thereon are not paid and such timber is sold to the state for nonpayment of taxes, the Secretary of State may sell and dispose of such timber rights in the same manner as he may sell and dispose of tax-forfeited lands, and the proceeds received by said Secretary of State for the sale thereof shall be divided between the state, county, levee board, and drainage district as provided by law for the disposition of the proceeds derived from the sale of tax-forfeited lands. The owner in fee of lands may purchase from the state any tax-forfeited timber rights on lands owned by him in fee, regardless of the amount of lands that he may own. * * *

SECTION 7. This act shall take effect and be in force from and after its passage.