MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Agriculture; Appropriations

By: Senator(s) Posey

Senate Bill 2795

(As Passed the Senate)

AN ACT TO AMEND SECTIONS 69-46-1, 69-46-3,69-46-5 AND 69-46-7, MISSISSIPPI CODE OF 1972, TO REVISE THE MISSISSIPPI LAND, WATER AND TIMBER RESOURCES ACT TO INCLUDE WILDLIFE RESOURCES AND PRODUCTS WITHIN THE ACT; TO REVISE THE MEMBERSHIP OF THE MISSISSIPPI LAND, WATER AND TIMBER RESOURCES BOARD TO INCLUDE THE CHAIRMAN OF THE SENATE WILDLIFE AND FISHERIES COMMITTEE, OR HIS DESIGNEE, AND THE CHAIRMAN OF THE HOUSE OF REPRESENTATIVES GAME AND FISH COMMITTEE, OR HIS DESIGNEE, AS NONVOTING MEMBERS; TO INCLUDE IN THE MEMBERSHIP OF SUCH BOARD THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 69-46-1, Mississippi Code of 1972, is amended as follows:

69-46-1. This chapter shall be known and may be cited as the "Mississippi Land, Water, Timber and Wildlife Resources Act."

SECTION 2. Section 69-46-3, Mississippi Code of 1972, is amended as follows:

69-46-3. (1) There is created the Mississippi Land, Water, Timber and Wildlife Resources Board, hereinafter referred to as "the board," for the purpose of assisting * * * in the development, marketing and distribution of agricultural products and wildlife products and resources.

(2) The board shall be composed of the following members:

(a) The Chairman of the Senate Agriculture Committee, or a member of the Senate Agriculture Committee designated by the chairman, as a nonvoting member;

(b) The Chairman of the House of Representatives Agriculture Committee or a member of the House of Representatives Agriculture Committee designated by the chairman, as a nonvoting member;

(c) The Chairman of the Senate Forestry Committee, or a member of the Senate Forestry Committee designated by the chairman, as a nonvoting member;

(d) The Chairman of the Senate Wildlife and Fisheries Committee, or a member of the Senate Wildlife and Fisheries Committee designated by the chairman, as a nonvoting member;

(e) The Chairman of the House of Representatives Game and Fish Committee, or a member of the House of Representatives Game and Fish Committee designated by the chairman, as a nonvoting member;

(f) The Executive Director of the Mississippi Development Authority, or his designee;

(g) The Commissioner of the Mississippi Department of Agriculture and Commerce, or his designee;

(h) The President of the Mississippi Farm Bureau Federation, or his designee;

(i) The Director of the Cooperative Extension Service at Mississippi State University, or his designee;

(j) The Executive Director of the Agribusiness and Natural Resource Development Center at Alcorn State University, or his designee;

(k) The Director of the Agricultural Finance Division of the Mississippi Development Authority, or his designee;

(l) The Director of the Agriculture Marketing Division of the Mississippi Department of Agriculture and Commerce, or his designee;

(m) The Executive Director of the Mississippi Forestry Commission, or his designee; * * *

(n) The Executive Director of the Department of Wildlife, Fisheries and Parks; and

(o) Three (3) individuals appointed by the Governor who are active producers of Mississippi land, water or timber commodities or wildlife products. The Governor shall appoint one (1) such person from each Supreme Court district.

(3) The Executive Director of the Mississippi Development Authority and the Commissioner of the Mississippi Department of Agriculture and Commerce shall serve as co-chairmen of the board.

(4) The board shall meet at least once each calendar quarter at the call of the co-chairmen. A majority of the members of the board shall constitute a quorum at all meetings. An affirmative vote of a majority of the members present and voting is required in the adoption of any actions taken by the board. All members must be notified, in writing, of all regular and special meetings of the board, which notices must be mailed at least ten (10) days before the dates of the meetings. All meetings shall take place at the State Capitol in Jackson, Mississippi. The board shall provide a copy of the minutes of each of its meetings to the Chairman of the Senate Agriculture Committee and the Chairman of the House of Representatives Agriculture Committee.

(5) Members of the board shall not receive compensation. However, each member may be paid travel expenses and meals and lodging expenses as provided in Section 25-3-41, for such expenses incurred in furtherance of their duties. Travel expenses and meals and lodging expenses and other necessary expenses incurred by the board shall be paid out of funds appropriated to the Mississippi Development Authority.

(6) In carrying out the provisions of the Mississippi Land, Water, Timber and Wildlife Resources Act, the board may utilize the services, facilities and personnel of all departments, agencies, offices and institutions of the state, and all such departments, agencies, offices and institutions shall cooperate with the board in carrying out the provisions of such act.

SECTION 3. Section 69-46-5, Mississippi Code of 1972, is amended as follows:

69-46-5. The board shall have the following powers and duties:

(a) To develop marketing plans and opportunities for independent farmers in Mississippi;

(b) To develop marketing plans and opportunities for Mississippi's wildlife resources and products;

(c) To encourage the commercialization of new agricultural technology businesses;

(d) To initiate the development of processing facilities for Mississippi agricultural commodities;

(e) To initiate the development of Mississippi wholesale distribution businesses for agricultural inputs and products;

(f) To promote the development of institutional and specialty markets for Mississippi agriculture products and wildlife resources;

(g) To encourage additional research for new agricultural product development;

(h) To develop a working relationship with the state offices of the United States Department of Agriculture as may be appropriate for the promotion and development of agriculture in Mississippi;

(i) To promote the rural quality of life in Mississippi through such programs as 4-H, Future Farmers of America and agricultural education;

(j) To file an annual report with the Governor, Secretary of the Senate and the Clerk of the House of Representatives not later than December 1 of each year, with recommendations for any legislation necessary to accomplish the purposes of the Mississippi Land, Water, Timber and Wildlife Resources Act;

(k) The board may promulgate and enforce rules and regulations, in accordance with the Mississippi Administrative Procedures Law, as may be necessary to carry out the provisions of the Mississippi Land, Water, Timber and Wildlife Resources Act;

(k) To expend funds out of the Mississippi Land, Water, Timber and Wildlife Resources Fund, upon legislative appropriation, to carry out its powers and duties under the Mississippi Land, Water, Timber and Wildlife Resources Act.

SECTION 4. Section 69-46-7, Mississippi Code of 1972, is amended as follows:

69-46-7. The Mississippi Land, Water, Timber and Wildlife Resources Board may accept and expend funds appropriated or otherwise made available by the Legislature and funds from any other source in order to carry out the provisions of the Mississippi Land, Water, Timber and Wildlife Resources Act. Such funds shall be deposited into a special fund hereby established in the State Treasury, to be known as the "Mississippi Land, Water, Timber and Wildlife Resources Fund." Unexpended amounts derived from bond proceeds or private funds, or both, remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on such amounts in the fund shall be deposited to the credit of the fund. All other unexpended amounts remaining in the fund at the end of a fiscal year shall lapse into the State General Fund.

SECTION 5. This act shall take effect and be in force from and after its passage.