Senate Bill 3005

AN ACT TO AMEND SECTION 47-5-66, MISSISSIPPI CODE OF 1972, TO TRANSFER AUTHORITY TO LEASE PENITENTIARY LANDS FROM THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO THE DEPARTMENT OF CORRECTIONS AND TO REQUIRE THAT SUCH LANDS ARE LEASED IN THE SAME MANNER AS SIXTEENTH SECTION LANDS; TO AMEND SECTION 47-5-64, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-5-66, Mississippi Code of 1972, is amended as follows:

47-5-66. (1) It shall be the duty of the department * * * to lease the Penitentiary lands in the same manner and under the same requirements for the leasing of sixteenth section lands under Chapter 3 of Title 29, Mississippi Code of 1972. * * *

(2) 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 the sales of timber as provided in Section 47-5-56 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 and the sales of timber as provided in Section 47-5-56 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.

(3) This section shall be repealed from and after July 1, 2007.

SECTION 2. Section 47-5-64, Mississippi Code of 1972, is amended as follows:

47-5-64. The * * * commissioner * * * is hereby directed to determine the number of acres and location of land under its jurisdiction which are needed for security purposes and for Prison Agricultural Enterprises. The commissioner * * * shall designate and reserve such additional land for agricultural enterprise projects of the department * * *, as he deems necessary. * * *

SECTION 3. This act shall take effect and be in force from and after July 1, 2004.