House Bill 1576

AN ACT TO AMEND SECTION 69-21-103, MISSISSIPPI CODE OF 1972, TO PLACE THE FUNCTIONS OF THE AGRICULTURAL AVIATION BOARD UNDER THE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE AND COMMERCE; TO AMEND SECTION 69-21-109, MISSISSIPPI CODE OF 1972, TO REMOVE CERTAIN PROVISIONS SPECIFIC TO THE AGRICULTURAL AVIATION BOARD; TO REPEAL SECTION 69-21-107, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE FIVE-MEMBER AGRICULTURAL AVIATION BOARD; TO REPEAL SECTION 69-2-111, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR JURISDICTION OVER THE APPLICATION OF HORMONAL HERBICIDES; TO REPEAL SECTION 69-21-127, MISSISSIPPI CODE OF 1972, WHICH REPEALS THE AUTHORITY OF THE AGRICULTURAL AVIATION BOARD; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 69-21-103, Mississippi Code of 1972, is amended as follows:

69-21-103. The purpose of this article is to supervise and regulate for the public good all commercial agricultural aerial application within the State of Mississippi and to establish and promote a close working relationship between agricultural aerial applicators and the Mississippi Department of Agriculture and Commerce, the licensing of all persons engaged in the aerial application of pesticides, poisons, seeds and chemicals, and the registration of all such commercial agricultural aircraft and pilots. The Department of Agriculture and Commerce shall be the Agricultural Aviation Board. Whenever the term "Agricultural Aviation Board" appears in law, it means the Department of Agriculture and Commerce. The Commissioner of Agriculture and Commerce may assign the functions of the Agricultural Aviation Board to any organizational sub-unit of the department that the commissioner deems to be the appropriate repository for the regulation of agricultural aviation.

SECTION 2. Section 69-21-109, Mississippi Code of 1972, is amended as follows:

69-21-109. The board, after public hearing duly held, is hereby vested with the authority to adopt such rules and regulations as may be necessary to regulate the application of chemicals and pesticides according to the time of year, manner, form and area of application, wind velocity, and may restrict the use of certain chemicals and pesticides which create an unusual hazard to the health, safety and welfare of the public. The board shall set professional standards for applicators and pilots in the interest of the safety, welfare and general well-being of the public of Mississippi.

The board shall have authority to procure samples of spray and dust materials before and after they are mixed in order to determine the concentration of the mixtures.

The Agricultural Aviation Board shall have authority to maintain an office and employ necessary personnel within the framework of fees collected to carry out the purposes of this article.

It shall be the duty of the board to enforce this article and all rules and regulations made and adopted in compliance with this article.

The board or its representatives shall have access to any premises where there is reason to believe that a chemical or pesticide is being or has been applied by an applicator, or where any applicator is based, or preparing to apply any of the materials herein stated, for the purpose of enforcement of this article. The board shall have authority to inspect equipment used for application of chemicals and pesticides as stated in this article.

* * * The board * * * shall closely assist the Mississippi Department of Transportation in carrying out its statutory functions to the end that aviation can continue its rapid advance.

SECTION 3. Section 69-21-107, Mississippi Code of 1972, which establishes the five-member Agricultural Aviation Board, Section 69-2-111, Mississippi Code of 1972, which clarifies the jurisdiction of the Department of Agriculture and Commerce over the application of hormonal herbicides and Section 69-21-127, Mississippi Code of 1972, which provides for the repeal of the authority of the Agricultural Aviation Board, are repealed.

SECTION 4. This act shall take effect and be in force from and after July 1, 2002.