MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Agriculture; Appropriations
By: Representative Janus
AN ACT TO CREATE THE MISSISSIPPI DEPARTMENT OF AGRICULTURE, FORESTRY AND COMMERCE; TO CREATE SECTION 49-19-2, MISSISSIPPI CODE OF 1972, TO DEFINE CERTAIN TERMS; TO PROVIDE FOR THE TRANSFER OF PERSONNEL AND RESOURCES OF THE FORESTRY COMMISSION TO THE DEPARTMENT OF AGRICULTURE, FORESTRY AND COMMERCE; TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE, FORESTRY AND COMMERCE SHALL CONTINUE TO PROVIDE FOR THE DEVELOPMENT OF THE STATEWIDE FOREST RESOURCE INVENTORY WHEN THE MISSISSIPPI INSTITUTE FOR FOREST INVENTORY SUNSETS; TO AMEND SECTION 69-1-1, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 69-1-203, MISSISSIPPI CODE OF 1972, TO CREATE THE OFFICE OF FORESTRY WITHIN THE DEPARTMENT OF AGRICULTURE, FORESTRY AND COMMERCE AND TO AUTHORIZE THE DEPARTMENT TO ADMINISTER THE LAWS PERTAINING TO FORESTRY; TO AMEND SECTION 49-19-1, MISSISSIPPI CODE OF 1972, TO MAKE THE STATE FORESTRY COMMISSION AN ADVISORY BOARD TO THE DEPARTMENT OF AGRICULTURE, FORESTRY AND COMMERCE AND TO THE OFFICE OF FORESTRY WITHIN SUCH DEPARTMENT; TO AMEND SECTION 49-19-3, MISSISSIPPI CODE OF 1972, TO REVISE THE APPOINTMENT OF THE STATE FORESTER AND TO SPECIFY THE POWERS AND DUTIES OF THE DEPARTMENT OF AGRICULTURE, FORESTRY AND COMMERCE AND THE COMMISSIONER OF SUCH DEPARTMENT RELATING TO FORESTRY; TO AMEND SECTIONS 49-19-1 THROUGH 49-19-15, 49-19-21, 49-19-25, 49-19-65, 49-19-67, 49-19-71, 49-19-73, 49-19-111 THROUGH 49-19-117, 49-19-205, 49-19-207, 49-19-211 THROUGH 49-19-227, 49-19-305, 49-19-307, 49-19-351, 51-3-103, 51-3-105, 51-9-107, 51-11-5, 51-11-9, 51-13-105, 51-13-107, 53-7-11, 53-7-29, 53-9-11, 55-3-1, 55-3-11, 55-3-19, 55-3-21, 55-3-23, 29-3-27, 29-3-45, 29-3-47, 29-3-49, 29-3-54, 29-3-85, 29-3-87, 49-7-203, 69-3-1, 69-15-2, 69-29-1, 69-31-1, 69-37-5, 69-45-5, 69-46-3, 69-47-1 AND 79-22-5, MISSISSIPPI CODE OF 1972, TO CONFORM TO REORGANIZATION NOMENCLATURE AND STRUCTURE; TO REPEAL SECTION 49-19-19, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR FREE COMMERCIAL TREE SEEDLINGS FOR FARM OWNERS; TO REPEAL SECTION 49-19-27, MISSISSIPPI CODE OF 1972, WHICH CREATES THE TREE SEEDLING REVOLVING FUND; TO REPEAL SECTION 49-19-31, MISSISSIPPI CODE OF 1972, WHICH CREATED A JOINT FORESTRY STUDY COMMITTEE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 49-19-2, Mississippi Code of 1972:
49-19-2. (1) The Department of Agriculture, Forestry and Commerce shall be the Mississippi Forestry Commission and shall retain all powers and duties granted by law to the Forestry Commission. The Mississippi Department of Agriculture, Forestry and Commerce is vested with full power to manage, control, supervise and direct all matters pertaining to forestry under the jurisdiction of the Forestry Commission. All powers, duties, employees, equipment, funds and resources of the Forestry Commission shall be transferred to the Department of Agriculture, Forestry and Commerce.
(2) The Commissioner of the Department of Agriculture, Forestry and Commerce shall have the authority to internally reorganize the Department of Agriculture, Forestry and Commerce. For a period of one (1) year after July 1, 2005, the personnel actions of the commissioner initiated as a result of the transfer of the Forestry Commission shall be exempt from State Personnel Board rules, regulations and procedures in order to give the commissioner flexibility in making an orderly, effective and timely reorganization of the Department of Agriculture, Forestry and Commerce.
(3) Whenever the terms "Forestry Commission," "State Forestry Commission" and "Mississippi Forestry Commission" appear in any state law, the terms shall mean the "Department of Agriculture, Forestry and Commerce."
(4) Whenever the term "Department of Agriculture and Commerce" appears in any state law the term shall mean "Department of Agriculture, Forestry and Commerce." Whenever the term "Commissioner of Agriculture and Commerce" appears in any state law the term shall mean "Commissioner of Agriculture, Forestry and Commerce."
(5) For the purposes of Chapter 19 of Title 49 of the Mississippi Code of 1972, the following terms shall have the meanings ascribed to them in this section:
(a) "Commissioner" means the Commissioner of Agriculture, Forestry and Commerce.
(b) "Department" means the Department of Agriculture, Forestry and Commerce.
SECTION 2. Section 69-1-1, Mississippi Code of 1972, is amended as follows:
69-1-1. A Department of Agriculture, Forestry and Commerce is created and established under the management and control of a public officer to be known as the Commissioner of Agriculture, Forestry and Commerce, who shall have competent knowledge of agriculture, mining, manufacturing, statistics and general industries, must be an experienced and practical agriculturist; and shall be elected by the people at the time and in the manner that other state officers are elected.
SECTION 3. Section 69-1-203, Mississippi Code of 1972, is amended as follows:
69-1-203. The Department of Agriculture, Forestry and Commerce shall promote the development of agriculture and aquaculture for both native and nonnative species and forestry. The department shall be organized into the Administration Office, the Regulatory Office, the Forestry Office, and the Marketing, Agricultural Development and Finance Office. Each office shall have the duties hereinafter specified in addition to any other duties assigned to it by the commissioner.
The Administration Office shall consist of such employees as may be assigned to it by the commissioner and shall have exclusive responsibility for the following functions of the department:
(a) Accounting;
(b) Payroll;
(c) Purchasing;
(d) Data processing;
(e) Personnel;
(f) Motor pool and vehicles;
(g) Maintenance; and
(h) Printing and records.
The Regulatory Office shall administer those laws relating to the regulation of the labels of syrup containers; the regulation of the sale of planting seed; the regulation of the sale of livestock by weight; the protection of the health of swine; the inspection of grain crops; the testing of the accuracy of petroleum pumps; the inspection of milk manufacturing plants and producers; the establishment of standards for frozen desserts sold in Mississippi; the licensing of exotic bird dealers; the regulation of the disposition of animal and poultry inedible waste; the regulation of the labeling of catfish; the adoption of systems of weights and measures for all commercial purposes in Mississippi; the inspection of meat and poultry and the licensing of facilities used for the processing thereof; and the regulation of the measurement and receiving of pulpwood.
The Forestry Office shall administer the laws relating to forestry, forest fire protection, insect disease control, forestry management, forestry on public lands, and the statewide forest resources inventory.
The Marketing, Agricultural Development and Finance Office shall develop direct contact with potential buyers worldwide for the Mississippi agricultural community to expand domestic and international markets; develop and regulate aquaculture production as provided in the Mississippi Aquaculture Act of 1988; and operate and administer the Mississippi Market Bulletin, the Market News Service, the Jim Buck Ross Mississippi Agriculture and Forestry Museum and the Centennial Farm Family Program. This office shall also be responsible for the collection, analysis and dissemination of statistical data concerning the production, supply, price and other aspects of the state's agricultural economy.
SECTION 4. Section 49-19-1, Mississippi Code of 1972, is amended as follows:
49-19-1. (1) The powers and duties of the State Forestry Commission are transferred to the Department of Agriculture, Forestry and Commerce. The State Forestry Commission is continued, renamed and reconstituted as the State Forestry Advisory Commission. The duties of the State Forestry Advisory Commission are to advise the Department of Agriculture, Forestry and Commerce on all matters relating to forestry. The members of the Commission serving on July 1, 2005, shall continue to serve until their term expires.
(2) There shall be a State Advisory Forestry Commission composed of nine (9) members, who shall be qualified electors of the state. The Dean of the School of Forest Resources at Mississippi State University shall be an ex officio member of the commission, with full voting authority. The Governor shall appoint eight (8) members, with the advice and consent of the Senate, for a term of six (6) years. The Governor shall appoint one (1) member from each congressional district as constituted at the time the appointments are made and shall appoint the remainder of the members from the state at large. A member from a congressional district must be a certified tree farmer who owns eighty (80) or more acres of forest land or a person who derives a major portion of his personal income from forest-related business, industry or other related activities. Members of the commission from the state at large may or may not possess the same qualifications as members appointed from the congressional districts.
(3) The members of the commission shall receive no annual salary but each member of the commission shall receive a per diem plus expenses and mileage as authorized by law for each day devoted to the discharge of official duties. No member of the commission shall receive total per diem in excess of twenty-four (24) days' compensation per annum.
(4) If a vacancy occurs in the office of an appointed member of the commission, the vacancy shall be filled by appointment for the balance of the unexpired term.
(5) The commission shall elect from its membership a chairman, who shall preside over meetings, and a vice chairman, who shall preside in the absence of the chairman or when the chairman is excused.
(6) The commission shall adopt rules and regulations governing times and places for meetings, and governing the manner of conducting its business. Each member of the commission shall take the oath prescribed by Section 268 of the Mississippi Constitution and shall enter into bond in the amount of Thirty Thousand Dollars ($30,000.00) to be approved by the Secretary of State, conditioned according to law and payable to the State of Mississippi before assuming the duties of office.
(7) Any appointment made to the commission contrary to this section shall be void, and it is unlawful for the State Fiscal Officer to pay any per diem or authorize the expenses of the appointee.
(8) The powers of the commission are advisory only and it is the duty of the commission to advise the department on matters related to forestry.
SECTION 5. Section 49-19-3, Mississippi Code of 1972, is amended as follows:
49-19-3. (1) The duties and powers of the commissioner shall be: To appoint a State Forester, who shall serve at the will and pleasure of the commissioner and who is qualified to perform the duties as set forth herein; * * * and allow him such office expenses incidental to the performance of his official duties as the commissioner, in his discretion, may deem necessary; and to charge him with the immediate direction and control, subject to the supervision and approval of the commissioner, of all matters relating to forestry as authorized herein. The State Forester shall be the head of the Forestry Office of the department. Any person appointed * * * 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) The department shall have the following powers and duties:
(a) 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.
(b) 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.
(c) 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 * * *.
(d) To assist and cooperate with any federal or state department or institution, county, town, corporation or individual, 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.
(e) 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 * * * 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.
(f) To control the expenditure of any and all funds appropriated or otherwise made available for the several purposes set forth * * *.
(g) 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.
(h) To create, establish and organize the State of Mississippi into forestry districts for the most effective and efficient administration of this chapter.
* * *
(i) To facilitate the development and implement the statewide forest resource inventory when the Mississippi Institute for Forest Inventory dissolves.
SECTION 6. Section 49-19-5, Mississippi Code of 1972, is amended as follows:
49-19-5. The department may * * * acquire and dispose of property of all kinds in accordance with the provisions of Section 29-1-1, in order to discharge the duties as set forth in Section 49-19-3, and subsequent germane general laws of the State of Mississippi. It is further authorized to sell, rent, lease, and dispose of any property acquired * * *, all property to be sold or disposed of shall be sold or disposed of in the manner provided by law for the sale or disposition of surplus property by other state agencies. Any funds received from the sale, rental or lease of any property herein authorized, to be acquired, shall be paid into the State Treasury to the credit of a special account, and the department may * * * use this fund for the replacement, repairs, and upkeep of any property authorized to be acquired and owned under this section.
SECTION 7. Section 49-19-7, Mississippi Code of 1972, is amended as follows:
49-19-7. (1) The department shall keep itself informed as to the known varieties of pine beetles and other timber insect pests and diseases, the origin, locality, nature and appearance thereof, the manner in which they are disseminated, and approved methods of treatment, control and eradication. The department shall, from time to time, make rules and regulations for carrying out the provisions and requirements of this section, including rules and regulations under which its employees shall (1) inspect places, timber, and timber products, and other things and substances used or connected therewith, (2) investigate, control, eradicate and prevent the dissemination of pine beetles and other timber insect pests and diseases, and (3) supervise or cause the treatment, cutting and destruction of timber or timber products and other things infested or infected therewith. The department's employees shall have authority to carry out and execute the regulations and orders of the commissioner and shall have authority * * * to carry out provisions of this section.
(2) The department and its employees shall have the authority to enter upon any and all timber lands for the purpose of carrying out the provisions of this section.
(3) All known varieties of pine beetles and other insect pests and diseases infesting or infecting or likely to infest or infect timber or timber products in this state shall be listed by the department, and every such variety of pine beetle and every such insect pest or disease listed and all timber and timber products infested or infected therewith are hereby declared to be a public nuisance.
(4) Before entering upon any lands for the purpose of removing any infested or infected timber having a value in excess of One Hundred Dollars ($100.00), where the owner of such land will not cause the removal of such infested or infected timber, the department shall first secure an order of the chancery court in termtime or in vacation authorizing the department to effect such removal. Process on any resident owner in any such proceeding shall be served as other process, and process on any non-resident owner shall be had by mailing such process by registered mail, return receipt requested, to the last known address of such nonresident or by publication in three (3) weekly issues of a newspaper published in the county where such timber land is located if no mailing address is known. Any hearing under provisions of this section may be set at any time five (5) days after date of service of process, or in case of publication five (5) days after completion of such publication.
(5) It is the purpose of this section to authorize and empower the department to control disease or insect infections or infestations in timber and timber products within this state. * * * Use of the word "timber" shall be deemed to refer to such trees as are normally used in the manufacture of lumber and the term "timber products" shall be deemed to refer to products manufactured from such trees normally used in the manufacture of lumber.
SECTION 8. Section 49-19-9, Mississippi Code of 1972, is amended as follows:
49-19-9. (1) The department is hereby authorized to extend fire protection services to the Choctaw Indian lands located in Attala, Kemper, Leake, Neshoba, Newton, Jones and Scott Counties, Mississippi.
(2) The department is authorized to accept from the Choctaw Agency adequate compensation for fire detection and suppression, which sum may be used by the department in its fire protection work.
SECTION 9. Section 49-19-11, Mississippi Code of 1972, is amended as follows:
49-19-11. The department is hereby authorized to protect intermingled or adjacent state owned lands in the same manner and form as other lands within the state and the expenses thereof may be paid out of any appropriation made to the department; provided such expenditures are not greater per acre in any year than the expenditures by the department on account of the protection of any other lands than that owned by the State of Mississippi.
* * * This section shall not be applicable to the protection of established state parks, state forests or other state owned lands when increased expenditure may be necessary for the protection thereof in the opinion of the department.
It is hereby made the duty of all agents and employees of the department to report * * * any timber or other trespass discovered by such agent or employees on state owned lands giving detailed information thereof in such report.
SECTION 10. Section 49-19-15, Mississippi Code of 1972, is amended as follows:
49-19-15. The State Forestry Fund when made available by proper appropriation by the Legislature, shall be expended by the department in carrying out and enforcing all laws pertaining to the protection of forests as the department may direct, the vouchers to be drawn and paid as by other departments of the state.
SECTION 11. Section 49-19-21, Mississippi Code of 1972, is amended as follows:
49-19-21. All monies received from the United States government for protection of forest lands, for reforestation of denuded areas, for extension of national forests, and to promote the continuous production of timber shall be credited to said State Forestry Fund, and expended by the department as is directed by the federal government.
SECTION 12. Section 49-19-25, Mississippi Code of 1972, is amended as follows:
49-19-25. (1) Any fire on any forested, cutover, brush lands or grass lands burning uncontrolled is hereby declared a public nuisance by reason of its menace to life and property. Any person, firm or corporation negligently or willfully and maliciously responsible for the starting or the existence of such fire on land other than his own is hereby required to control or extinguish it immediately, and if said person, firm or corporation shall willfully refuse, neglect or fail to do so, any organized fire suppression agency recognized by the department, may summarily abate the nuisance thus constituted by controlling or extinguishing the fire. The cost of abating such nuisance, with all costs and reasonable attorney's fees to be allowed by the court, may be recovered from the person, firm or corporation responsible for such nuisance by civil action in the proper court, action for said recovery to be filed by the agency abating the nuisance. This section shall not impair any remedy now allowed by law.
(2) Any open cistern or well, which has been abandoned or is no longer used for the purpose of a cistern or well is hereby declared to be a public nuisance by reason of its menace to life and property, and the department is hereby authorized to seal such cistern or well upon request of the landowner. A reasonable fee shall be charged for this purpose and all fees collected shall be handled in the same manner as other service charges collected by the department.
SECTION 13. Section 49-19-65, Mississippi Code of 1972, is amended as follows:
49-19-65. It shall be the duty of the department to give general publicity throughout the state to Sections 49-19-51 through 49-19-75 and post notices covering such sections in at least three (3) public places in each county, one (1) of which shall be posted on the bulletin board at the front door of the courthouse in each of the counties.
SECTION 14. Section 49-19-67, Mississippi Code of 1972, is amended as follows:
49-19-67. Sections 49-19-51 through 49-19-75 shall not apply to nor shall it prohibit the clearing of land for bona fide use in crop production, nor the clearing of land for pasture purposes where such pasture is enclosed with a standard wire fence of two (2) or more strands, nor to the clearing for building sites, right-of-ways for roads, power or communication lines or similar uses; nor shall such sections apply to individuals cutting timber from their own lands for their own personal use where there is no sale, commercial gain or profit involved, nor those special cases where permission is obtained in writing from the department for the emergency removal of storm or disease damaged timber.
SECTION 15. Section 49-19-71, Mississippi Code of 1972, is amended as follows:
49-19-71. It shall be the duty of the department * * * to enforce the terms and provisions of Sections 49-19-51 through 49-19-75 and to that end the department * * *is authorized to enter upon any and all forestry lands to make such inspection and investigation as may be necessary for the proper enforcement of those sections and, in addition to the other remedies, conferred by such sections or other laws of the state, the department is hereby authorized to enter suit on behalf of the state to enjoin any person, partnership, firm, association, or corporation from violating any of the terms and provisions of such sections and in such suits the department shall not be required to give bond, and * * * is also authorized to employ inspectors and such other help as may be necessary for the effective carrying out of the intent and purposes of such sections.
SECTION 16. Section 49-19-73, Mississippi Code of 1972, is amended as follows:
49-19-73. In order to more adequately enforce the provisions of Sections 49-19-51 through 49-19-75, it is hereby made the duty of each sheriff, constable, conservation officer, district attorney and county prosecuting attorney to make, from time to time, inquiry as to any violation of Sections 49-19-51 through 49-19-75 and to promptly report any violation to the department and further to assist the department, its officers and employees in enforcing any of the provisions of such sections and in prosecuting any violations * * *. It shall be the duty of the various circuit judges at each convening of the grand jury to call the grand jurors' attention to such sections and to charge them to fully investigate any violations thereof.
SECTION 17. Section 49-19-111, Mississippi Code of 1972, is amended as follows:
49-19-111. For the purpose of providing assistance to all farm woodland and timber landowners in the state, including private ownership, and to promote the growing, managing and harvesting of timber thereon, and to provide organized forest fire protection in all counties, and to encourage the production and growth of timber on all lands suitable therefor, and for the better management thereof, and to encourage greater private ownership and promote forest education and timber management and forest fire control, the department is hereby authorized to carry out the provisions of Sections 49-19-111 through 49-19-117.
SECTION 18. Section 49-19-113, Mississippi Code of 1972, is amended as follows:
49-19-113. In order to carry out further the program herein authorized, the department * * * is hereby authorized to organize, divide or set up forest districts and areas throughout the state. * * * The districts and areas shall be so organized, divided or set up in accordance with the distribution of forest land and the location of political boundaries as to best serve the interest of the state as a whole. The department shall appoint a district forester and assistant district forester for each district and shall appoint an area forester for each forest area, all of whom shall be charged with the duty of directing forestry education, timber management, forest fire control and other necessary forestry conservation activities and practices as the department shall deem necessary.
SECTION 19. Section 49-19-115, Mississippi Code of 1972, is amended as follows:
49-19-115. (1) The board of supervisors of all counties are hereby directed to levy a special tax to be known as "the forest acreage tax." Such tax shall be Two Cents (2¢) per acre on all timbered and uncultivatable lands in the county in order to receive the financial and supervisory cooperation of the department in carrying out organized forest fire control and other provisions of Sections 49-19-111 through 49-19-117.
(2) In addition to the tax levied under subsection (1) of this section, the board of supervisors of all counties are hereby directed to levy an additional forest acreage tax on all timbered and uncultivatable lands in the county beginning October 1, 1989, and continuing for three (3) succeeding years in the following amounts:
Total Acreage
Increase Tax
Fiscal year ending
September 30, 1990............ 3¢ per acre 5¢ per acre
Fiscal year ending
September 30, 1991............ 2¢ per acre 7¢ per acre
Fiscal year ending
September 30, 1992............ 2¢ per acre 9¢ per acre
Upon completion of the third year, the total acreage tax shall remain at the Nine Cents (9¢) per acre per year, provided that this subsection shall stand repealed from and after June 30, 2006.
(3) Uncultivatable lands shall not include bogs, unreclaimed strip mine areas, coastal beach sands, tidal and freshwater marshes, beaver ponds and flood or flowage easements.
(4) Those homeowners described in Section 27-33-67(2), who qualify for the exemptions allowed in Article 1, Chapter 33, Title 27, Mississippi Code of 1972, shall be exempt from any forest acreage tax levied pursuant to this section.
(5) The provisions of this section and the tax levy required herein shall not be applicable to any counties which were not levying such forest acreage tax on January 1, 1989.
(6) This section shall be repealed from and after June 30, 2006.
SECTION 20. Section 49-19-117, Mississippi Code of 1972, is amended as follows:
49-19-117. (1) All forest acreage taxes assessed and collected by such levy as provided for in Section 49-19-115 shall be remitted to the forest acreage account in the State Treasury and shall be expended by the department * * * in carrying out the purpose and intent of Sections 49-19-111 through 49-19-117.
(2) The department is hereby authorized to use state funds appropriated for the purpose of Sections 49-19-111 through 49-19-117 in addition to any funds made available from county forest acreage taxes, federal funds and other sources.
(3) The department is hereby authorized to expend the funds herein provided in such manner as to most effectively carry out the provisions of Sections 49-19-111 through 49-19-117. The forest acreage tax levied at the rate of Two Cents (2¢) per acre under Section 49-19-115(1) shall be utilized on an economical and practical basis in order to foster, encourage, promote and bring about forestry education, timber management and organized forest fire control throughout the State of Mississippi. The additional forest acreage tax levied under Section 49-19-115(2) shall be utilized by the department to purchase fire support equipment, including transport trucks, tractors and other related fire support equipment. The additional forest acreage tax levied under Section 49-19-115(2) shall be appropriated under the appropriation process.
SECTION 21. Section 49-19-205, Mississippi Code of 1972, is amended as follows:
49-19-205. For purposes of Sections 49-19-201 through 49-19-227, the following words shall have the meaning ascribed herein unless the context requires otherwise:
(a) "Department" means the Department of Agriculture, Forestry and Commerce.
(b) "State Forester" means the forester appointed by the Commissioner of Agriculture, Forestry and Commerce.
(c) "Eligible owner" means either (i) a private individual, group or association, or (ii) an agency of state, local or municipal government, but the term shall not mean or include private corporations manufacturing products or providing public utility services of any type or any subsidiary of such corporations; provided, however, only one (1) owner of land owned in joint tenancy or tenancy in common and only one (1) member or officer of any group or association shall be eligible to apply for or receive cost-share assistance to be expended for development of any or all lands owned by such owners or group or association.
(d) "Eligible lands" means (i) nonindustrial private lands owned by a private individual, group or association, and (ii) lands owned by the State of Mississippi or any political subdivision thereof, but shall not include lands owned by private corporations which manufacture products or provide public utility services of any type or any subsidiary of such corporations.
(e) "Cost-share assistance" means the partial financial assistance in such amounts as the department, in its discretion, shall determine, subject to the limitations of Sections 49-19-201 through 49-19-227.
(f) "Approved practice" means and includes planting, seeding, timber stand improvement, prescribed burning, site preparation, systematic planting of hardwood trees for game preservation and development, or such other forest resource development practice as the department shall approve or determine proper generally or with regard to any particular applicant.
(g) "Forest development fund" means the special fund established in the State Treasury, designated as the Forest Resource Development Fund, created by Section 49-19-227.
SECTION 22. Section 49-19-207, Mississippi Code of 1972, is amended as follows:
49-19-207. The department shall serve as administrator of the provisions of Sections 49-19-201 through 49-19-227, and shall serve as the disbursing agency for funds to be expended from and deposited to the credit of the forest development fund.
SECTION 23. Section 49-19-211, Mississippi Code of 1972, is amended as follows:
49-19-211. The department shall adopt and promulgate such rules and regulations as are necessary for the implementation of Sections 49-19-201 through 49-19-227. The department may conduct public hearings or otherwise seek the advice, counsel and recommendations of interested owners, associations, industrialists or other persons or groups. Adequate notice of any public hearing must be provided within the general area of the site of the hearing.
The department shall publish such rules and regulations and shall make the same available upon request.
SECTION 24. Section 49-19-213, Mississippi Code of 1972, is amended as follows:
49-19-213. The department may use the money in the forest development fund to assist in implementing approved practices, on a cost-sharing basis as provided in Sections 49-19-201 through 49-19-227, on eligible lands in the State of Mississippi. However, no cost-share assistance shall be provided an eligible owner to implement any approved practice on any land or lands if the owner receives federal funds for such practice and is using such federal funds for any forest resource development practice on said land or lands. Eligible owners may use federal funds on other lands.
SECTION 25. Section 49-19-215, Mississippi Code of 1972, is amended as follows:
49-19-215. (1) The department shall actively and diligently encourage all eligible owners to use their own resources or to employ the resources of private vendors to implement approved practices.
(2) The department shall not enter into active competition with eligible owners or private vendors for the on-the-ground job of implementing any approved practice as it is the intent of the Legislature to encourage private business, forest industries and the forestry community to participate in the economic development which will be provided by Sections 49-19-201 through 49-19-227.
SECTION 26. Section 49-19-217, Mississippi Code of 1972, is amended as follows:
49-19-217. If an eligible owner cannot provide his own resources or procure a private vendor to implement any approved practice, the department, in its discretion, may act as vendor by utilizing employees, equipment, materials and supplies of the department. In such event, the department shall charge the eligible owner a sum equal to the established rate of the department for providing such service. Payments for such charge shall be collected, received, and recorded in the same manner as other sales and services funds received by the department.
SECTION 27. Section 49-19-219, Mississippi Code of 1972, is amended as follows:
49-19-219. The department shall have the following powers and duties to implement the provisions of Sections 49-19-201 through 49-19-227:
(a) To determine which approved practices shall be eligible for cost-share assistance;
(b) To establish maximum sums, subject to the provisions of Section 49-19-221, which any one (1) eligible owner may receive for implementation of an approved practice;
(c) To review periodically the costs of forest development practices and to make such adjustment as, in the discretion of the department, is necessary in the Thirty-seven Dollars and Fifty Cents ($37.50) per acre assistance allowed in Section 49-19-221;
(d) Upon request of the department, the Attorney General of the State of Mississippi shall institute proper legal proceedings to recover any or all of the cost-share assistance provided an eligible owner if the department shall determine that the owner failed to implement any portion of or all of the practice approved by the department for such owner and if the department determines that legal proceedings are necessary and proper;
(e) To determine, before approving any cost-share assistance for any eligible owner that such approved practice is reasonable and is comparable to the actual cost of implementing such practice in the general area in which the land is located. Should the department determine that the submitted cost of implementing the approved practice is not reasonable, the department shall approve cost-share assistance in an amount which is determined by the department to be reasonable for the implementation of the approved practice in the general area in which the land is located.
SECTION 28. Section 49-19-221, Mississippi Code of 1972, is amended as follows:
49-19-221. (1) An eligible owner shall receive cost-share assistance as the department, in its discretion, shall determine and approve, but the department shall approve no assistance in an amount which exceeds either (a) a sum equal to seventy-five percent (75%) of the owner's actual cost incurred in implementing the approved practice approved by the department for that owner on a particular tract of land or lands, except that with respect to sixteenth section school trust lands the department may approve up to one hundred percent (100%) cost-share for any school district that has less has than Ten Thousand Dollars ($10,000.00) in its Forestry Escrow Fund, or (b) a sum equal to Thirty-seven Dollars and Fifty Cents ($37.50) per acre of land on which the approved practice is implemented by the owner; provided, however, that no eligible owner, in any one (1) fiscal year, shall receive a sum total for all approved practices implemented by the owner of more than Ten Thousand Dollars ($10,000.00); except that with respect to sixteenth section trust lands the department, at its discretion, may exceed the monetary limit in order to provide a total forest improvement program within any county.
(2) The limitation of Thirty-seven Dollars and Fifty Cents ($37.50) per acre, as set forth in paragraph (b) of subsection (1) of this section, may be changed by the department pursuant to the authorization of paragraph (c) of Section 49-19-219.
(3) During the reforestation of sixteenth section school trust lands classified as forest lands, no more than an average of twenty-five percent (25%) of Forest Resource Development Program funds will be spent on the reforestation of these school trust lands.
(4) It is the intent of this section that the department by 1995 bring to maximum productivity all sixteenth section land.
SECTION 29. Section 49-19-223, Mississippi Code of 1972, is amended as follows:
49-19-223. (1) Any eligible owner who wishes to receive cost-share assistance shall file an application with the department stating the practice to be implemented, the approximate cost of such practice and a description of the land or lands upon which the practice is to be implemented. The application shall be accompanied by a statement of intent stating (a) that the owner intends to utilize the cost-share assistance for long-range timber growing and improvement, (b) that the owner is not receiving or using federal funds for implementation of any approved practice on the same acre of land or lands described in the application, and (c) that the owner if an owner in joint tenancy or tenancy in common or if a member of a group or association owning the lands, has no knowledge of any application which has been filed for cost-share assistance to be used on the lands described in the application.
(2) The department, upon completion of the approved practice, shall tender all approved sums of the cost-share assistance to the owner.
SECTION 30. Section 49-19-225, Mississippi Code of 1972, is amended as follows:
49-19-225. Any agency, department, board, commission or other subdivision of government of the State of Mississippi or any political subdivision thereof is authorized to implement an approved practice on any lands suitable for forestry purposes owned by such political entity or owned by the State of Mississippi and supervised or managed by such entity. The governing authorities of such entity shall engage the assistance of the county forester of the county in which the land is located in the preparation of an application for submission to the department. The department shall treat any such political entity as an individual owner for purposes of considering applications, granting cost-share assistance and approving the practice implemented.
SECTION 31. Section 49-19-227, Mississippi Code of 1972, is amended as follows:
49-19-227. There is hereby created in the State Treasury a special fund to be designated the Forest Resource Development Fund, fiscal management and responsibility for which is hereby vested in the department and which shall consist of that portion of the privilege tax on timber and timber products as authorized by Section 27-25-11, Mississippi Code of 1972, and any funds appropriated specifically therefor by the Legislature. The Legislature shall appropriate such sums as it may deem necessary including any proceeds of general obligation bonds which may be authorized by the Legislature for the support of the Forest Resources Development Program provided for under Sections 49-19-201 through 49-19-227. Those funds appropriated by the Legislature remaining in the special fund at the end of any fiscal year shall lapse into the General Fund, but other funds shall remain in the special fund.
SECTION 32. Section 49-19-305, Mississippi Code of 1972, is amended as follows:
49-19-305. As used in this section, unless the context requires otherwise:
(a) "Prescribed burning" means the controlled application of fire to naturally occurring vegetative fuels for ecological, silvicultural and wildlife management purposes under specified environmental conditions and the following of appropriate precautionary measures which cause the fire to be confined to a predetermined area and accomplishes the planned land management objectives.
(b) "Certified prescribed burn manager" means an individual or county forester who successfully completes the certification program approved by the Department of Agriculture, Forestry and Commerce.
(c) "Prescription" means a written plan for starting and controlling a prescribed burn to accomplish the ecological, silvicultural and wildlife management objectives.
(d) "Department" means the Department of Agriculture, Forestry and Commerce.
SECTION 33. Section 49-19-307, Mississippi Code of 1972, is amended as follows:
49-19-307. (1) No property owner or his agent, conducting a prescribed burn pursuant to the requirements of this section, shall be liable for damage or injury caused by fire or resulting smoke unless negligence is proven.
(2) Prescribed burning conducted under the provisions of this section shall:
(a) Be accomplished only when at least one (1) certified prescribed burn manager is supervising the burn or burns that are being conducted;
(b) Require that a written prescription be prepared and notarized prior to prescribed burning;
(c) Require that a burning permit be obtained from the department; and
(d) Be considered in the public interest and shall not constitute a public or private nuisance when conducted pursuant to state air pollution statutes and rules applicable to prescribed burning.
(3) The department shall have the authority to promulgate rules for the certification of prescribed burn managers and guidelines for a prescribed burn prescription.
(4) Nothing in this section shall be construed to limit the civil or criminal liability as provided in Section 97-17-13 and Section 95-5-25, Mississippi Code of 1972.
SECTION 34. Section 49-19-351, Mississippi Code of 1972, is amended as follows:
49-19-351. (1) In this section, "department" means the Department of Agriculture, Forestry and Commerce and "drought or wildfire conditions" means the existence of a deficit of moisture creating severe conditions with increased wildfire occurrences as determined by the department through use of drought indices or models or the existence of extreme wildfire conditions.
(2) If the department determines that drought or wildfire conditions exist in a county, the department shall notify the board of supervisors of that county. The department may recommend that a temporary outdoor burning ban or other restrictions be adopted by the board of supervisors.
(3) The board of supervisors may, by order, prohibit or restrict outdoor burning in all or part of the unincorporated parts of the county if drought or wildfire conditions have been determined to exist by the department. An order must specify the period during which burning is restricted. The department shall notify the board of supervisors when the drought or wildfire conditions no longer exist. Any order issued under this section shall expire upon the determination that the drought or wildfire conditions no longer exist.
(4) Any person who knowingly and willfully violates an order under this section is guilty of a misdemeanor and may be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).
(5) The sheriff of the county shall enforce the order and may cite persons for violations of an order under this section.
SECTION 35. Section 51-3-103, Mississippi Code of 1972, is amended as follows:
51-3-103. (1) (a) The council shall consist of the following members:
The executive directors of the following agencies, or their designees: the Department of Environmental Quality; the Department of Wildlife, Fisheries and Parks; the State Department of Health; the Department of Agriculture, Forestry and Commerce; the Soil and Water Conservation Commission; the Mississippi Development Authority; the Department of Marine Resources; the President of the Mississippi Water Resources Association, or his designee; the Director of the Mississippi State Board of Registered Professional Geologists, or his designee; and the Director of the Mississippi Water Resources Research Institute, or his designee. In addition, the Governor shall appoint one (1) representative of each of the following organizations: the Mississippi Association of Supervisors, the Mississippi Engineering Society, the Mississippi Geological Society, the Mississippi Economic Council, the Mississippi Farm Bureau Federation, the Mississippi Manufacturers Association, the Mississippi Municipal Association, the Delta Council, a regional water management district, an environmental organization with statewide membership and one (1) individual from each of the state's congressional districts.
Members of the council not appointed by the Governor as provided above shall serve a term concurrent with their term of office in their respective position. Nonappointed members may designate another member of their respective board, council or commission to serve as an alternate.
Members of the council appointed by the Governor shall serve staggered four-year terms. The initial terms of appointed members shall be as follows: Four (4) members shall be appointed for terms of two (2) years; five (5) members shall be appointed for a term of three (3) years; and five (5) members shall be appointed for terms of four (4) years. Thereafter, all terms of the appointed members of the council shall be for four (4) years. The terms of members shall begin and end on July 1, of the appropriate year, regardless of the date of appointment.
(b) In addition to the voting members of the council, as described above, the council may invite, as participating but nonvoting members, representatives of any other state and federal organizations, or individuals possessing expertise in the field of water resources management or who have a viable interest in the wise management of the water resources of the state.
(c) Original appointments to the council shall be made no later than October 1, 1995. The Governor shall require adequate disclosure of potential conflicts of interest by members of the council. Vacancies on the council shall be filled by appointment in the same manner as the original appointments.
(d) The Governor shall appoint from the membership of the council a chairperson to preside over meetings and vice chairperson to preside in the absence of the chairperson or when the chairperson shall be excused. The council shall adopt procedures governing the manner of conducting its business. A majority of the members shall constitute a quorum to do business.
(e) Members of the council shall serve without compensation. At the direction of the chairman of the council and contingent upon the availability of sufficient funds, each member may receive reimbursement for reasonable expenses, including travel expenses in accordance with rates established pursuant to Section 25-3-41, incurred in attending meetings of the council.
(2) The council shall convene by November 15, 1995.
(3) The Department of Environmental Quality shall provide any technical, clerical and other support services and personnel as the council may require in the performance of its functions. The department shall administer any funds made available to the council for its use and may at the request and on behalf of the council, contract for services using any funds available to the council. The department may provide supplies and office space as required for the council's routine operations. The council shall not employ any permanent staff, rent or occupy independent office space or otherwise establish a full-time office.
(4) In conducting its activities under Sections 51-3-101 through 51-3-107, the council may elicit the support of and participation by any state agency as may be necessary or appropriate. All state agencies shall provide support or participation as requested.
(5) The council may exercise those duties and powers necessary to carry out the purposes of Sections 51-3-101 through 51-3-105, including, but not limited to, the following functions:
(a) Conduct, or cause to be conducted any studies, analyses or evaluations related to the state water management plan.
(b) Apply and contract for and accept any grants, public or private funds, gifts or proceeds in furtherance of the activities of the council.
(c) Authorize the Executive Director of the Department of Environmental Quality to enter into all contracts or execute all instruments, on behalf of the council, and do all acts necessary, desirable or convenient to carry out any power expressly granted to the council in this chapter.
(d) Expend or distribute any funds or assets in its custody or under its control appropriate in carrying out the purposes of Sections 51-3-101 through 51-3-105.
SECTION 36. Section 51-3-105, Mississippi Code of 1972, is amended as follows:
51-3-105. (1) The council shall meet at least semiannually for the purpose of reviewing the implementation of the state water management plan and shall:
(a) Recommend any amendments necessary to update the plan; or
(b) Recommend that no amendments are necessary and the reasons supporting the determination.
The review shall be conducted as the council determines appropriate, and shall include the participation of the Department of Environmental Quality; Department of Wildlife, Fisheries and Parks; Mississippi Development Authority; Department of Marine Resources; Department of Agriculture, Forestry and Commerce; Soil and Water Conservation Commission; and the State Department of Health * * *. Any joint water management district or other regional organization that provides the duties of a joint water management district shall be notified and may participate in this review. Any interested person may, upon written application to the council, seek an amendment to the state water management plan. The first review of the state water management plan shall be completed by January 1, 1999.
(2) (a) Before January 1 of each year, the council shall submit to the Governor, the Commission on Environmental Quality, the Senate Environmental Protection, Conservation and Water Resources Committee and the House Conservation and Water Resources Committee, a report on the status of the state's water resources. (b) The report may contain recommendations regarding the functions and programs of each of the agencies with water-related programs, including, but not limited to:
(i) Operations of each of these programs;
(ii) Duplications or omissions in the programs and/or missions of the agencies;
(iii) Changes in the organizational concepts, institutions, laws and management resources necessary to properly regulate and manage the state's water resources;
(iv) Methods to better coordinate activities of the various local, state and federal agencies;
(v) Activities that do not conform with the state water management plan;
(vi) Methods or ways to increase the efficiency of the state's management of its water resources; and
(vii) Other actions that should be considered to ensure the continued availability and quality of abundant surface water and groundwater necessary for the future growth and environmental enhancement of the state.
SECTION 37. Section 51-9-107, Mississippi Code of 1972, is amended as follows:
51-9-107. All powers of the district shall be exercised by a board of directors, to be composed of the following:
(a) Each member of the Pearl River Industrial Commission whose county becomes a part of the Pearl River Valley Water Supply District shall be a member of the Board of Directors of the Pearl River Valley Water Supply District. Such directors shall serve on this board during their term of office on the Pearl River Industrial Commission. In addition, the board of supervisors of each county which becomes a part of the district shall appoint one (1) additional member.
(b) The Mississippi Commission on Environmental Quality, the Mississippi Commission on Wildlife, Fisheries and Parks, the Department of Agriculture, Forestry and Commerce, and the State Board of Health of the State of Mississippi shall each appoint one (1) director from that department to serve on the Board of Directors of the Pearl River Valley Water Supply District to serve at the pleasure of the respective board appointing him.
(c) Each director shall take and subscribe to the oath of office required by Section 268 of the Constitution of the State of Mississippi before a chancery clerk, that he will faithfully discharge the duties of the office, which oath shall be filed with the said clerk and by him preserved.
(d) Each director shall receive per diem compensation in the amount as provided in Section 25-3-69 for attending each meeting of the board and for each day spent in attending to the necessary business of the district and shall be reimbursed for actual expenses thus incurred upon express authorization of the board, including travel expenses, as provided in Section 25-3-41.
(e) The board of directors shall annually elect from its number a president and a vice president of the district, and such other officers as in the judgment of the board are necessary. The president shall be the chief executive officer of the district and the presiding officer of the board, and shall have the same right to vote as any other director. The vice president shall perform all duties and exercise all powers conferred by this article upon the president when the president is absent or fails or declines to act, except the president's right to vote. The board shall also appoint a secretary and a treasurer who may or may not be members of the board, and it may combine those offices. The treasurer shall give bond in the sum of not less than Fifty Thousand Dollars ($50,000.00) as set by the board of directors and each director shall give bond in the sum of not less than Ten Thousand Dollars ($10,000.00), and the premiums on said bonds shall be an expense of the district. The condition of each such bond shall be that the treasurer or director will faithfully perform all duties of office and account for all money which shall come into his custody as treasurer or director of the district.
SECTION 38. Section 51-11-5, Mississippi Code of 1972, is amended as follows:
51-11-5. (1) All powers of the Pearl River Basin Development District, hereinafter referred to in this chapter as the district, shall be exercised by a board of directors to be selected and composed as follows:
(a) The Mississippi Commission on Environmental Quality, the Mississippi Commission on Wildlife, Fisheries and Parks, the Department of Agriculture, Forestry and Commerce, and the State Board of Health of the State of Mississippi shall each appoint one (1) director to serve on the board of directors of the district, each such director to serve at the pleasure of the respective state agency appointing him but not to exceed a six-year term.
(b) The board of supervisors of each county which elects to become a member of the district shall appoint two (2) directors from that county, each of whom shall serve for a term of six (6) years or until his successor is appointed by the board of supervisors of that county and qualified. In making its initial appointment of directors, the board of supervisors of each member county shall appoint one (1) of its two (2) directors to serve for a term of three (3) years or until his successor is appointed and qualified.
(c) In addition to the two (2) directors in paragraph (b), each county shall be entitled to additional representation on the board based on its annual contribution for the support of the district required under Section 51-11-31. If the annual contribution of a county as certified under Section 51-11-31 is more than One Hundred Thousand Dollars ($100,000.00), the county may appoint one (1) additional director for each increment of One Hundred Thousand Dollars ($100,000.00), to be contributed. Each additional director shall serve a term of six (6) years. If, in subsequent years, a county's contribution is reduced below One Hundred Thousand Dollars ($100,000.00), or a multiple thereof, a county's additional representation shall be reduced correspondingly. If a county's contribution representation is reduced, the board of supervisors of the county shall designate the director to be removed. No member county shall be entitled to more than three (3) additional directors under this paragraph.
(d) The Governor of the State of Mississippi shall appoint one (1) director residing within the district, who shall serve for a term of six (6) years or until his successor is appointed by the Governor and qualified.
(2) Each director shall take and subscribe to the general oath of office required by Section 268 of the Constitution of the State of Mississippi before a chancery clerk, that he will faithfully discharge the duties of the office, which oath shall be filed with the said clerk and by him preserved.
(3) Each director shall receive a per diem in the amount as provided in Section 25-3-69 for attending each day's meeting of the board of directors and for each day spent in attending to the necessary business of the district and, in addition, he shall receive reimbursement for actual expenses, including travel expenses, as provided in Section 25-3-41.
(4) The board of directors shall annually elect from its number a president and vice president of the district and such other officers as, in the judgment of the board of directors, are necessary. The president shall be the chief executive officer of the district and the presiding officer of the board of directors, and shall have the same right to vote as any other director. The vice president shall perform all duties and exercise all powers conferred by this chapter upon the president when the president is absent or fails or declines to act, except the president's right to vote. The board of directors shall also appoint a secretary and a treasurer who shall be members of the board of directors, and it may combine those officers. The treasurer shall give bond in the sum of not less than Fifty Thousand Dollars ($50,000.00) as set by the board of directors, and each director may be required to give bond in the sum of not less than Ten Thousand Dollars ($10,000.00), with sureties qualified to do business in this state, and the premiums on said bonds shall be an expense of the district. Each such bond shall be payable to the State of Mississippi; the condition of each such bond shall be that the treasurer or director will faithfully perform all duties of his office and account for all money or other assets which shall come into his custody as treasurer or director of the district.
(5) A majority of the total membership of the board of directors shall constitute a quorum at a regular meeting, or at any special meeting duly called and held for a specific purpose. All business of the district shall be transacted by the affirmative vote of a majority of the total membership of the board of directors.
(6) The State Auditor of Public Accounts shall annually audit the books and records of the district and make a report thereof to the Governor and the Legislature.
SECTION 39. Section 51-11-9, Mississippi Code of 1972, is amended as follows:
51-11-9. (1) Within twenty (20) days after the passage of this chapter, the Mississippi Commission on Environmental Quality, the Mississippi Commission on Wildlife, Fisheries and Parks, the Department of Agriculture, Forestry and Commerce, and the State Board of Health of the State of Mississippi shall appoint their respective members to the proposed district board of directors as provided in Section 51-11-5. These four (4) appointive members, upon taking the oath as provided, shall meet in the Office of the Mississippi Department of Environmental Quality in Jackson, Mississippi, within ten (10) days, and adopt by a majority vote a resolution setting forth their intentions of creating the district and shall forthwith send a certified copy of said resolution to:
(a) The Governor;
(b) Executive Officers of the Mississippi Commission on Environmental Quality, Mississippi Commission on Wildlife, Fisheries and Parks, Department of Agriculture, Forestry and Commerce, and State Board of Health; and
(c) The president of the board of supervisors and the chancery clerk of each county which is part of the Pearl River Basin. After receipt of said resolution, each of the four (4) state agencies hereinabove named may adopt its own resolution favorable or unfavorable to the creation of said district; and the respective boards of supervisors may, at their next regular meeting or at any subsequent meeting, likewise adopt a resolution favorable or unfavorable to creating said district. All said resolutions adopted shall be certified by adopting body's secretary, clerk, or executive officer, and certified copies shall be filed with each state agency and political subdivision named in this section.
(2) The board of supervisors of any county which is part of the Pearl River Basin and which desires to become a member of the district shall, upon receipt of the certified resolution to be adopted by the four (4) initial directors, declare said board's intentions by adopting a resolution expressing its desire to have said district created and stating that its county desires to be a member thereof and that said board desires and intends to levy a special ad valorem tax not to exceed one-half (1/2) mill on all taxable property within said county for the use and benefit of the Pearl River Basin Development District, if and in the event that other funds of that county are not available and appropriated to pay for that county's required contribution to said district. The said resolution shall be published once each week for three (3) consecutive weeks in some newspaper published in the county and having a general circulation therein. If within twenty-one (21) days after the date of the first publication of said resolution, no petition signed by twenty percent (20%) of the qualified electors of the county is filed with the board of supervisors requesting the calling of an election on the question of the county's participation in the district and the levying of the special ad valorem tax not to exceed one-half (1/2) mill as aforesaid, then the board of supervisors may proceed to have the county made a member of said district and to levy the special ad valorem tax not to exceed one-half (1/2) mill if and when required; but if within twenty-one (21) days after the date of the first publication of said resolution a petition is filed, signed by at least twenty percent (20%) of the qualified electors of said county, requesting an election on the proposition of said county's becoming a member of the proposed district and the levying of the special ad valorem tax not to exceed one-half (1/2) mill as herein provided, then said election shall be held and conducted as now provided by law for such election. If such an election is held and a majority of those voting therein vote for the proposition, the board shall, by appropriate resolution, bring the county into the district and levy the special ad valorem tax not to exceed one-half (1/2) mill as provided by this chapter, if required. If the majority of those voting in such election shall vote against the proposition, then the county shall not become a member of the district nor levy the one-half (1/2) mill tax, and no further election shall be so conducted until the lapse of two (2) years after the last election.
(3) Whenever an aggregate of six (6) counties shall have become members of the Pearl River Basin Development District in the manner provided in this section, the said district shall be created as an agency of the state and a body politic and corporate with all the powers granted to it by statute; at which time the Governor shall appoint the four (4) directors * * *.
(4) Any eligible county may become a member of the district subsequent to its creation, in the manner that the original counties became members. New member counties shall have the same power and authority and be entitled to equal consideration of the district's board of directors, not inconsistent with the purpose of this chapter.
SECTION 40. Section 51-13-105, Mississippi Code of 1972, is amended as follows:
51-13-105. All powers of the district shall be exercised by a board of directors, to be composed of the following:
(a) Each member of the Tombigbee Valley Authority as created by virtue of Sections 51-13-1 through 51-13-9, whose county becomes a part of the Tombigbee River Valley Water Management District shall be a member of the Board of Directors of the Tombigbee River Valley Water Management District, and each state-at-large member of the Tombigbee Valley Authority shall become a member of the Board of Directors of the Tombigbee River Valley Water Management District when one or more entire counties become members of the Tombigbee River Valley Water Management District. Such directors shall serve on this board during their term of office on the Tombigbee Valley Authority. In addition, the board of supervisors of each county within the Tombigbee River Basin which elects to become a member of the district shall appoint one (1) board member to serve for a term of four (4) years or until his successor is named. The Governor shall appoint one (1) member from each county added to the Tombigbee River Valley Water Management District which county is not now a member of the Tombigbee Valley Authority, and such member shall serve for a four-year term or until his successor is appointed.
(b) The Department of Environmental Quality, the Department of Wildlife, Fisheries and Parks, the Department of Agriculture, Forestry and Commerce, and the State Board of Health of the State of Mississippi shall each appoint one (1) director from that department to serve on the Board of Directors of the Tombigbee River Valley Water Management District, to serve at the pleasure of the entity appointing him but not to exceed four-year terms.
(c) Each director shall take and subscribe to the general oath of office required by Section 268 of the Constitution of the State of Mississippi before a chancery clerk that he will faithfully discharge the duties of the office, which oath shall be filed with the said clerk and by him preserved.
(d) Each director shall receive compensation at a per diem rate as provided in Section 25-3-69 for each day or fraction thereof spent in actual discharge of his official duties and shall be reimbursed for mileage and actual expenses incurred in the performance of his official duties in accordance with the requirements of Section 25-3-41.
(e) The board of directors shall annually elect from its number a president and a vice president of the district and such other officers as in the judgment of the board are necessary. The president shall be the chief executive officer of the district and the presiding officer of the board, and shall have the same right to vote as any other director. The vice president shall perform all duties and exercise all powers conferred by this article upon the president when the president is absent or fails or declines to act, except the president's right to vote. The board shall also appoint a secretary and a treasurer who may or may not be members of the board, and it may combine those offices. The treasurer shall give bond in the sum of not less than Fifty Thousand Dollars ($50,000.00) as set by the board of directors, and each director shall give bond in the sum of not less than Ten Thousand Dollars ($10,000.00) with sureties qualified to do business in this state, and the premiums on said bonds shall be an expense of the district. The condition of each such bond shall be that the treasurer or director will faithfully perform all duties of his office and account for all money or other assets which shall come into his custody as treasurer or director of the district.
SECTION 41. Section 51-13-107, Mississippi Code of 1972, is amended as follows:
51-13-107. (1) Within twenty (20) days after the passage of this article, the Mississippi Commission on Environmental Quality, State Board of Health, Mississippi Commission on Wildlife, Fisheries and Parks, and the Department of Agriculture, Forestry and Commerce of the State of Mississippi shall appoint their respective members to the proposed district board of directors as provided in Section 51-13-105. The four (4) appointive members, upon taking the oath as provided, shall meet in the Office of the Mississippi Department of Environmental Quality in Jackson, Mississippi, within ten (10) days and adopt by a majority vote a resolution setting forth their intentions of creating the district and shall forthwith send a certified copy of said resolution to: (a) each member of the Tombigbee Valley Authority as now constituted, (b) the Governor, (c) executive officers of the Mississippi Commission on Environmental Quality, Board of Health, Mississippi Commission on Wildlife, Fisheries and Parks, and Department of Agriculture, Forestry and Commerce, and (d) the president of the board of supervisors and chancery clerk of each county through which any part of the Tombigbee River or any of its tributaries lie. The four (4) state agencies herein named and the Tombigbee Valley Authority may, within ten (10) days from receipt of said resolution, adopt its own resolution favorable or unfavorable to the creation of said district; and the respective boards of supervisors may at their next regular meeting likewise adopt a resolution favorable or unfavorable to creating said district. All of said resolutions adopted shall be certified by its secretary, clerk, or executive officer and shall be filed with each state agency, political subdivision, or other agency named in Section 55-13-105.
(2) Every board of supervisors of those counties desiring to become members of the district, through which the Tombigbee River or any of its tributaries lie, shall, upon receipt of the certified resolutions mentioned in this section, declare said board's intentions by adopting a resolution expressing its desire to have said district created and to levy an ad valorem tax not to exceed one-half (1/2) mill on all the taxable property within the Tombigbee Watershed area of said county for the use and benefit of the Tombigbee River Valley Water Management District. The said resolution shall be published once each week for three (3) consecutive weeks in some newspaper published in the county and having a general circulation therein, and if no petition signed by twenty percent (20%) of the qualified electors of the county is filed with the board requesting the calling of an election on the question of the county's participation in the district and the levying of the one-half (1/2) mill tax levy aforesaid, the board may proceed to have the county become a member of said district and to levy the one-half (1/2) mill tax levy but if, within twenty-one (21) days after the date of the first publication of said resolution, a petition signed by at least twenty percent (20%) of the qualified electors of said county, requesting an election on the proposition of said county becoming a member of the proposed district and the levying of the one-half (1/2) mill tax as herein provided, is filed, said election shall be held and conducted as now provided by law for such elections. If such an election is held and a majority of those voting therein vote for the proposition, the board shall, by appropriate resolution, bring the county into the district and levy the one-half (1/2) mill tax as otherwise provided by law. If the majority of those voting in such election shall vote against the proposition, then the county shall not become a member of the district nor levy the one-half (1/2) mill tax; and no further election shall be so conducted until the lapse of two (2) years after the last election.
(3) Whenever an aggregate of six (6) counties have become members of the Tombigbee River Valley Water Management District in the manner provided in this section, the said district shall be created as an agency of the state and a body politic and corporate with all of the powers granted it by statute.
SECTION 42. Section 53-7-11, Mississippi Code of 1972, is amended as follows:
53-7-11. (1) The commission may adopt, modify, repeal, after due notice and hearing, and where not otherwise prohibited by federal or state law, make exceptions to and grant exemptions and variances from and may enforce rules and regulations pertaining to surface mining and reclamation operations to implement the provisions of this chapter.
(2) Adopting rules and regulations, the commission shall comply with the Mississippi Administrative Procedures Law, and in addition, may hold a public hearing. Notice of the date, time, place and purpose of the hearing shall be given thirty (30) days before the scheduled date of the hearing as follows:
(a) By mail to:
(i) All operators known by the commission to be actively engaged in surface mining in the state;
(ii) Persons who request notification of proposed actions regarding rules and regulations and any other person the commission deems appropriate; and
(iii) The Mississippi Soil and Water Conservation Commission,the Mississippi Department of Environmental Quality, Mississippi Department of Wildlife, Fisheries and Parks, * * * Mississippi Department of Archives and History, Mississippi Department of Transportationand the Mississippi Department of Agriculture, Forestry and Commerce.
(b) By publication once weekly for three (3) consecutive weeks in a newspaper having general circulation in the State of Mississippi.
(3) Any person may submit written comments or appear and offer oral comments at the public hearing. The commission shall consider all comments and relevant data presented at the hearing before final adoption of rules and regulations under this chapter. The failure of any person to submit comments within a time period as established by the commission shall not preclude action by the commission.
SECTION 43. Section 53-7-29, Mississippi Code of 1972, is amended as follows:
53-7-29. (1) The department shall file a copy of each permit application for public inspection with the chancery clerk of the county where any portion of the operation is proposed to occur after deleting the confidential information according to Section 53-7-75.
(2) The department shall submit copies, excluding all confidential information, of the permit applicationas soon as possibleto: (a) the Mississippi Soil and Water Conservation Commission, Mississippi Department of Wildlife, Fisheries and Parks, * * * Mississippi Department of Environmental Quality, Mississippi Department of Archives and History, Mississippi Department of Transportation, Mississippi State Oil and Gas Board and Mississippi Department of Agriculture, Forestry and Commerce; (b) any other state agency whose jurisdiction the department believes the particular mining operation may affect; and (c) any person who requests in writing a copy of the application; and (d) the owner of the land. The department shall require payment of a reasonable fee established by the commission for reimbursement of the costs of reproducing and providing the copy.
(3) Each agency shall review the permit application and submit, within fifteen (15) days of receipt of the application, any comments, recommendations and evaluations as the agency deems necessary and proper based only upon the effect of the proposed operation on matters within the agency's jurisdiction. The comments shall include a listing of permits or licenses required under the agency's jurisdiction. Comments and recommendations shall be made a part of the record and one (1) copy shall be furnished to the applicant. All comments and recommendations shall be considered by, but shall not be binding upon, the Permit Board. The failure of any agency to submit comments shall not preclude action by the Permit Board.
SECTION 44. Section 53-9-11, Mississippi Code of 1972, is amended as follows:
53-9-11. (1) The commission may adopt, modify, repeal and promulgate, after due notice and hearing and in accordance with the Mississippi Administrative Procedures Law, and where not otherwise prohibited by federal or state law, may make exceptions to and grant exemptions and variances from and may enforce rules and regulations necessary or appropriate to carry out this chapter. Those rules and regulations shall be consistent with rules and regulations promulgated by the United States Secretary of the Interior under the federal act. No exceptions, exemptions or variances shall be less stringent than rules and regulations promulgated under the federal act. Any rules and regulations adopted by the commission may be more stringent than those promulgated by the United States Secretary of the Interior as long as they are not otherwise inconsistent with this chapter. A rule or regulation adopted by the commission may differ in its terms and provisions regarding particular conditions, particular mining techniques, particular areas of the state, or any other conditions that appear relevant and necessary as long as the action taken is consistent with this chapter. Before adopting any rules and regulations under this chapter, the commission shall hold a public hearing. Notice of the date, time, place and purpose of the hearing shall be given thirty (30) days before the scheduled date of the hearing as follows:
(a) By mail:
(i) To all operators known by the commission to be actively engaged in surface coal mining operations in the state;
(ii) To persons who make written request for notification of the proposed regulations;
(iii) To the Mississippi Soil and Water Conservation Commission, and to each local soil and water conservation district;
(iv) To the Mississippi Department of Wildlife, Fisheries and Parks, * * * the Mississippi Department of Archives and History, the Mississippi Department of Transportation, the Mississippi Department of Agriculture, Forestry and Commerce, the Mississippi State Oil and Gas Board, the Mississippi Department of Marine Resources, and the Mississippi State Department of Health; and
(v) To any other state agency whose jurisdiction the commission feels the surface coal mining operations may affect;
(b) To other interested parties by publication of the notice once a week for three (3) consecutive weeks in one (1) newspaper having general circulation in the state.
(2) Any person may submit written comments or appear and offer oral comments at the public hearing. The commission shall consider all comments and relevant data presented at the public hearing before final adoption of rules and regulations under this chapter. The failure of any person to submit comments within a time period as established by the commission shall not preclude action by the commission.
SECTION 45. Section 55-3-1, Mississippi Code of 1972, is amended as follows:
55-3-1. The Governor of the state is authorized to accept gifts of land to the state, not to exceed ten percent (10%) of the area of any county, to be held, protected, and administered by the Department of Agriculture, Forestry and Commerce as state forests and parks and to be used to demonstrate their practical utility for reforestation and as breeding places for wild game, and he is authorized to accept gifts of land to be used and administered by the commission as state parks. Such gifts must be absolute, except for the reservation of any or all mineral rights, and in no case shall exceed ten percent (10%) of the area of any county wherein such lands may be situated. The Attorney General is directed to see that all deeds to the state are properly executed and that the titles thereto are free and clear of all encumbrances before the gift is accepted. When any donation exceeding six hundred (600) acres is made, the name of the donor or any name he may suggest, on the approval of the commission, shall be given such donation as the designation of such forest or park.
SECTION 46. Section 55-3-11, Mississippi Code of 1972, is amended as follows:
55-3-11. The Department of Agriculture, Forestry and Commerce shall have the control and management of any and all forests or public parks set aside and dedicated as provided for in Section 55-3-7, and shall have authority to issue grazing or farming permits or leases on said parks, and to make sales of timber and other forest products of the soil from same. The Mississippi Commission on Wildlife, Fisheries and Parks shall have the control and management of any and all lands set aside and dedicated for a fish and game refuge and/or preserve. The Department of Agriculture, Forestry and Commerce and the Mississippi Commission on Wildlife, Fisheries and Parks shall cooperate in the utilization of any lands so dedicated both for forestry and game and fish conservation purposes.
In the case of state forests and/or state parks the Department of Agriculture, Forestry and Commerce, and, in the case of fish and game preserves, the Mississippi Commission on Wildlife, Fisheries and Parks, is hereby vested with authority to institute proceedings against trespassers and others in the name of the State of Mississippi, and to do all things necessary and proper to obtain the most complete and advantageous developments of state forests, parks, and fish and game preserves.
SECTION 47. Section 55-3-19, Mississippi Code of 1972, is amended as follows:
55-3-19. Where the federal government and the state government or any subdivision thereof are cooperating in the establishment of a major park and forest and game reserve, and where the property owners in the territory therein involved have agreed to convey as much as fifty percent (50%) of the area required for said purposes, the Department of Agriculture, Forestry and Commerce, together with the Mississippi Commission on Wildlife, Fisheries and Parks or any subdivision of the state, are hereby empowered to exercise the right of eminent domain in the manner now provided by law to obtain the necessary lands needed.
SECTION 48. Section 55-3-21, Mississippi Code of 1972, is amended as follows:
55-3-21. There is hereby established in the State Treasury a revolving fund to be used by the Department of Agriculture, Forestry and Commerce to carry out the provisions of the will of William W. Kurtz, dated July 12, 1940, which donated one thousand seven hundred sixty (1,760) acres of forestland in Greene County to the State of Mississippi to be held, protected, administered and improved by the Department of Agriculture, Forestry and Commerce as a state forest. The fund shall be called the Kurtz State Forest Revolving Fund, and money for the fund shall accrue from any revenues derived from the Kurtz State Forest including, but not limited to, timber sales, hunting leases, permit fees, and stump and naval stores operations. The Department of Agriculture, Forestry and Commerce is authorized to expend a portion of the monies in the fund to purchase in the name of the State of Mississippi other lands, not to exceed five hundred (500) acres, which are contiguous to or located near the lands donated by the Kurtz will, for the purpose of expanding the Kurtz State Forest. The Department of Agriculture, Forestry and Commerce also may expend monies in the fund for the purposes described in Section 55-3-23. 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 49. Section 55-3-23, Mississippi Code of 1972, is amended as follows:
55-3-23. The Department of Agriculture, Forestry and Commerce is authorized, annually, to pay to the State Line Cemetery Association, out of the proceeds and receipts derived from timber sales in the Kurtz State Forest, an amount not to exceed Two Hundred Dollars ($200.00) for the upkeep of the cemetery in which W.W. Kurtz and wife, the donors of Kurtz State Forest, are buried.
SECTION 50. Section 29-3-27, Mississippi Code of 1972, is amended as follows:
29-3-27. No sixteenth section lands or lands granted in lieu thereof, in whole or in part, situated within the school district holding or owning the same shall ever be sold, except that the board of education may, under the procedures hereinafter provided, sell such lands for industrial development thereon, therein, or thereunder to any persons, firms, or corporations in fee simple, or any lesser estate therein, for a purchase price not less than the fair market value thereof; and when any such sale is made, the deed shall be executed in the name of the State of Mississippi by the superintendent of the said board of education.
As used in this section and in Sections 29-3-29 and 29-3-61, the term "industrial development" shall include restoration as a tourist attraction the place where an organization was founded, which said organization has since been expanded to be national or international in its membership, scope, and influence.
The proceeds of the sale in fee simple of any sixteenth section, or lands granted in lieu thereof, in whole or in part, or such part of said proceeds as may be required to purchase acreage of equivalent fair market value, shall be used by the board of education, to purchase other land in the county, which land shall be held and reserved by the State of Mississippi for the support of the township schools in lieu of the land thus sold, as other sixteenth section lieu land is held, and shall be subject to all laws applicable thereto. Every such sale and every such purchase of land in lieu thereof shall be reported by the secretary of the board of education to the State Land Commissioner and to the Department of Agriculture, Forestry and Commerce within ninety (90) days after the consummation of each such sale and purchase. Any funds from a sale in fee simple of any sixteenth section land, or land granted in lieu thereof, in excess of any amount used to purchase said land in lieu thereof, shall be treated as corpus and shall be invested by the board of education as provided by law. Only the income from such investment shall be expended for current operating expenses of the schools.
SECTION 51. Section 29-3-45, Mississippi Code of 1972, is amended as follows:
29-3-45. (1) (a) The board of education shall by order placed upon its minutes, enter into an agreement with the Department of Agriculture, Forestry and Commerce for the general supervision and management of all lands classified as forest lands, as hereinabove provided, and of all timber or other forest products under the control of the board on sixteenth section lands, and lieu lands which have not been so classified; however, any school board may contract with private persons or businesses for the reforestation of sixteenth section lands. When such agreement has been entered into, no timber or other forest products shall be sold from any of said sixteenth section lands or lieu lands except such as have been marked for cutting by the Department of Agriculture, Forestry and Commerce's employees, andthe department, or its designated employee, shall fix the minimum total cash price or minimum price per unit, one thousand (1,000) feet or other measure, at which the marked timber or other forest products shall be sold. The sales may be made for a lump sum or upon a unit price as in the opinion of the board may be calculated to bring the greatest return. Sales shall be made upon such other terms and conditions as to manner of cutting, damages for cutting of unmarked trees, damages to trees not cut and other pertinent matters as the board of education shall approve.
(b) The Department of Agriculture, Forestry and Commerce shall have the sole authority and control in prescribing the forestry management practices and scheduling of all cutting and harvesting of timber or other forest products when such timber stands or other forest products are determined by the Department of Agriculture, Forestry and Commerce to be economically ready for cutting and harvesting; however, any school board may contract with private persons or businesses for the reforestation of sixteenth section lands.
(c) Should a school board disagree with the Department of Agriculture, Forestry and Commerce concerning the time of cutting and harvesting, the board may make an appeal to the department * * *. If the school board is not satisfied after the appeal to the department, the board may then appeal to the Secretary of State who will make the final decision as to the time for cutting and harvesting. In the event, the local school board is divested of its management authority under subsection (2) of this section, the Secretary of State after due consultation with the department shall retain the right to make final decisions concerning the management and sale of timber and other forest products.
(d) It is hereby made the duty of the department, from time to time, to mark timber which should be cut from said lands, to determine what planting, deadening or other forestry improvements should be made, giving due consideration to food and habitat for wildlife, and to report to the appropriate board of education. The department and the board of education shall supervise the cutting of any timber or harvesting of other forest products sold from said lands herein designated and shall have authority to require any timber-cutting operations on said lands to cease until proper adjustment is made, whenever it shall appear that timber is being cut in violation of the terms of the sale. In the event that it is desired to lease any of such lands or standing timber for turpentine purposes, such lease shall only cover such trees as the department shall designate, and the department through its employees shall approve the number of faces, method of chipping and boxing of such timber, and shall fix a minimum total cash price or minimum price per unit.
(e) No sale of any timber, turpentine or other forest products lease shall be made until notice of same shall have been published once a week for three (3) consecutive weeks in at least one (1) newspaper published in such county. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed for said sale, and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper is published in such county, then such notice shall be given by publishing the same for the required time in some newspaper having a general circulation in such county and, in addition thereto, by posting a copy of such notice for at least twenty-one (21) days next preceding such sale at three (3) public places in such county.
(f) Provided, however, in the case of damage by fire, windstorm or other natural causes which would require immediate sale of the timber, because the time involved for advertisement as prescribed herein would allow decay, rot or destruction substantially decreasing the purchase price to be received had not such delay occurred, the advertisement provisions of this section shall not apply. The board of education, with a written recommendation from a designated employee of the department filed in the minutes of the board of education, shall determine when immediate sale of the timber is required. When the board of education shall find an immediate sale necessary for the causes stated herein, it shall, in its discretion, set the time for receipt of bids on the purchase of said timber, but shall show due diligence in notifying competitive bidders so that a true competitive bid shall be received.
(2) (a) In the event that any member of a local board of education may have a personal interest, either direct or indirect, in the decisions regarding the management or sale of timber or other forest products or in a contract for the sale of timber or other forest products from sixteenth section school lands under the jurisdiction and control of said board, then said board of education shall automatically be divested of all authority and power to manage and sell timber or other forest products on sixteenth section lands under its control and jurisdiction. Said divestiture shall extend for the period of service, and for one (1) year thereafter, of the board member having a direct or indirect personal interest in the sale or decision to sell timber or other forest products.
(b) During the time in which any local board of education may be divested of authority and power to manage and sell timber and other forest products, such authority and power shall be vested in the Secretary of State, as supervisory trustee of sixteenth section lands. Upon the appointment or election of a member of a local board of education who may have such an appointment or election of a member of a local board of education who may have such an interest in decisions and contracts regarding the management and sale of timber or other forest products, said board of education shall immediately notify the Secretary of State in writing. Likewise, said board shall give written notification to the Secretary of State within thirty (30) days prior to the expiration of any such divestiture period. Any contractor with a local board of education or the Secretary of State shall be entitled to rely on representations by such board or the Secretary of State as to who has authority to enter contracts for the management or sale of timber or other forest products, and reliance on such representations shall not be grounds for voiding any contract.
(c) The laws providing for the management and sale of timber and other forest products by local boards of education shall apply to the management and sale of timber and other forest products by the Secretary of State. The department shall provide the Secretary of State with advice and services in the same manner as provided to local boards of education.
(d) The Secretary of State shall be paid all monies derived from the sale of timber or other forest products and shall promptly forward the same to the superintendent of education for such school district with instructions for the proper settlement, deposit and investment of said monies. Such local school board shall reimburse the Secretary of State for all direct costs relating to the management and sale of timber or other forest products, and in the case of a sale of timber or other forest products, the Secretary of State may deduct such direct cost from the proceeds of sale. The Secretary of State shall furnish an itemized listing of all direct cost charged to the local school district.
SECTION 52. Section 29-3-47, Mississippi Code of 1972, is amended as follows:
29-3-47. For its services the Department of Agriculture, Forestry and Commerce shall be entitled to receive its actual expenses incurred in the discharge of the duties herein imposed. In order to provide funds with which to pay for the general supervision and sale of forest products, fifteen percent (15%) of all receipts from the sales of forest products shall be placed by the board in a forestry escrow fund and reserved to pay for work performed by the department. Such payments shall be equal to the actual expenses incurred by the department as substantiated by itemized bills presented to the board.
Money in the forestry escrow fund may be used to pay for any forestry work authorized during the period of the agreement and shall not be subject to lapse by reason of county budget limitations.
In each school district having need of tree planting and timber stand improvement, the board of education is authorized to place additional amounts in the forestry escrow fund to reimburse the department for actual expenses incurred in performing this work, or to pay for any work done under private contract under the supervision of the department. Such additional amounts may be made available from forest products sales receipts, funds borrowed from the sixteenth section principal fund as is provided for in Section 29-3-113, or any other funds available to the board of education excluding minimum foundation program funds. Expenditures from the forestry escrow fund for tree planting, timber stand improvement, and other forestry work will be limited to payment for work recommended by the department and agreed to by the board of education.
When it becomes evident that the amount of money in the forestry escrow fund is in excess of the amount necessary to accomplish the work needed to achieve the goals set by the board of education and the department, the department shall advise said board to release any part of such funds as will not be needed, which may then be spent for any purpose authorized by law.
SECTION 53. Section 29-3-49, Mississippi Code of 1972, is amended as follows:
29-3-49. It shall be the duty of the Department of Agriculture, Forestry and Commerce, in the manner hereinabove provided in Section 29-3-45, to enter into agreements for timber improvement purposes with the board of education upon the request of said board. Said contract shall provide for the carrying out of a long-term program of timber improvement, including any or all of the following: The deadening of undesirable hardwoods, the planting of trees, the cutting and maintaining of fire lanes, and the establishment of marked boundaries on all lands classified as forest lands in said agreements, which provide for the reimbursement of all current costs incurred by the department and the carrying out of the duties required by such agreements. In the alternative, the department, in its discretion, may have the option to contract with a private contractor, subject to the approval of said board, to perform this work under the supervision of the department. Payment of the reimbursements as hereinabove set forth to the department, or of compensation due under any such contract with private contractors shall be made upon presentation of itemized bills therefor by the department or * * * private contractors, as the case may be, and may be made out of any sixteenth section funds to the credit of, or accruing to, any school district in which such work shall be done, or out of any other funds available to such district, excluding minimum foundation program funds.
SECTION 54. Section 29-3-54, Mississippi Code of 1972, is amended as follows:
29-3-54. Any leaseholder of sixteenth section land, or land granted in lieu thereof, shall be authorized to post such land against trespassers; provided that such posting shall not prohibit the inspection of said lands by individuals responsible for the management or supervision thereof acting in their official capacity. In the event hunting or fishing rights have been leased on lands classified as forest land, the holder of such rights and the Department of Agriculture, Forestry and Commerce shall be authorized to post such land against trespassers.
SECTION 55. Section 29-3-85, Mississippi Code of 1972, is amended as follows:
29-3-85. In all surface leases of sixteenth section land made by the board of education, whether such leases be original leases or extensions of existing leases, title to all timber, minerals, oil, and gas on such lands shall be reserved, together with the right of ingress and egress to remove same, whether such provisions be included in the terms of any such lease or not; and no timber shall be cut and used by the lessees except for fuel and necessary repairs and improvements on the leased premises. The board of education, notwithstanding the fact that such land may have been leased for other purposes, shall have the right, from time to time, to sell all merchantable timber on such lands in the manner hereinabove provided. In all cases where surface leases were outstanding on June 28, 1958, and have at least five (5) years remaining of the term thereof wherein the right to sell timber has not been reserved, either expressly or by operation of law, the board may, by agreement with the lessee, sell such timber under the procedure herein set out. In all such cases the Department of Agriculture, Forestry and Commerce shall only cause to be marked for cutting such timber as, in its judgment, should be harvested in the best interest of the reversionary estate, and the board may agree to pay to the lessee a portion of the proceeds of such sales from time to time, not to exceed fifty percent (50%) thereof after the deduction of the fifteen percent (15%) escrow money, hereinbefore mentioned, and all other costs of the sale. In any surface lease, the board of education shall reserve the right to grant or sell rights-of-way across any of said land for a road, highway, railroad, or any public utility line, provided only that the leaseholder be paid a reasonable rental for the unexpired term of his lease by the grantee of such right-of-way. If any surface lessee of any such sixteenth section land shall commit, cause to be committed, or permit the commission of any act of waste on any sixteenth section lands under lease to such lessee, then such lease shall thereupon, as to such lessee, cease and terminate and shall thenceforth be null and void; and the board of education shall have the right to institute an action in any court of competent jurisdiction to secure the cancellation of same of record, to recover damages for such waste, and to maintain an action in ejectment to recover possession of the same. To this end, the board of education is hereby authorized and empowered to employ competent counsel to institute and maintain any such action or actions on behalf of the board.
SECTION 56. Section 29-3-87, Mississippi Code of 1972, is amended as follows:
29-3-87. Notwithstanding the provisions of this or any other statute, the several boards of education are hereby authorized and empowered, in their discretion and by resolution spread upon the minutes, to set aside, reserve and dedicate any available sixteenth section lands or lands in lieu thereof for use by such school district as a site for school buildings, which such dedication and reservation shall be for such length of time, not exceeding fifty (50) years, and upon such terms and conditions as the board of education, in its discretion, shall deem proper. Any such reservation or dedication of sixteenth section lands shall automatically cease and terminate if, at any time, the land involved shall cease to be used for the purpose for which the dedication or reservation is made. The reservation or dedication shall cover the surface of said lands only and shall not prevent the board of education from leasing said lands for oil, gas, and mineral exploration and development in a manner otherwise provided by law.
In the same manner and subject to the same provisions hereinabove set forth, the board of education having a timber management and marketing agreement with the Department of Agriculture, Forestry and Commerce or National Forest Service, may set-aside, reserve and dedicate any available sixteenth section lands or lands granted in lieu thereof, which has been classified as forest land under the provisions of Section 29-3-31 et seq., Mississippi Code of 1972, to be utilized for public parks and recreation areas. The board of supervisors or the governing authorities of any municipality wherein such lands or any portion thereof lie may expend any funds otherwise available for park or recreational areas in the construction and maintenance of improvements to be located thereon.
The setting aside, reservation and dedication of any such sixteenth section lands, or lands granted in lieu thereof by a board of education to the state park commission for the purpose of locating a state park thereon may be for a length of time not exceeding ninety-nine (99) years.
No sixteenth section or lieu land which is subject to an existing lease shall be set-aside, dedicated and reserved as a school building site or for public park or recreational purposes under the provisions of this section unless the school district involved shall acquire the unexpired leasehold interest from the leaseholder, or unless such lease and leasehold interest shall be surrendered and relinquished by the leaseholder.
SECTION 57. Section 49-7-203, Mississippi Code of 1972, is amended as follows:
49-7-203. (1) There is hereby created the Beaver Control Advisory Board which shall be composed of the administrative heads of the Mississippi Department of Wildlife, Fisheries and Parks, * * * Department of Agriculture, Forestry and Commerce, Mississippi Department of Transportation and Mississippi State Cooperative Extension Services, the Executive Director of the Mississippi Association of Supervisors, the Executive Vice President of Delta Council and the President of the Mississippi Farm Bureau Federation.
(2) The Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks shall be the chairman of the board and shall preside over meetings.
(3) The members of the board shall serve without compensation but all members of the board shall be entitled to reimbursement for all actual and necessary expenses incurred in the discharge of their duties, including mileage as authorized by law.
(4) The board shall have the following duties and responsibilities:
(a) To adopt rules and regulations governing times and places for meetings and governing the manner of conducting its business;
(b) To develop a beaver control program to be administered by the Mississippi Department of Wildlife, Fisheries and Parks or by a federal agency pursuant to an agreement with the commission for such purpose;
(c) To designate the areas of the state having the greatest need for beaver control or eradication and establish a list of priority areas on an annual basis;
(d) To recommend to the Mississippi Commission on Wildlife, Fisheries and Parks such fees as may be necessary to charge participating landowners; and
(e) To function in an advisory capacity to the Mississippi Commission on Wildlife, Fisheries and Parks regarding the implementation of the beaver control program.
SECTION 58. Section 69-3-1, Mississippi Code of 1972, is amended as follows:
69-3-1. Wherever the following terms or similar terms are used in this article, they shall have the following meanings, unless the context clearly indicates otherwise:
(a) "Advertisement" means all representations made by the labeler, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this article.
(b) "Agricultural seeds" means the seed of grass, forage, cereal and fiber crops, lawn seed, and any other kinds of seed, including transgenic seeds, recognized within this state as agricultural or field seeds, and mixtures of such seeds.
(c) "Bulk" or "in bulk" means seed when loose either in vehicles of transportation, bins, cribs or tanks, and not seed in bags, boxes, cartons, bulk/super bags or other containers.
(d) "Certified seed," "registered seed" and "foundation seed" mean seed that has been produced and labeled in accordance with the procedures and in compliance with the rules and regulations of an official certifying agency authorized by the laws of this state or the laws of another state or country.
(e) "Commercial grower" means a person, firm or corporation engaged primarily in the production of seed for planting purposes for sale or trade.
(f) "Commissioner" means the Commissioner of Agriculture, Forestry and Commerce of the State of Mississippi.
(g) "Commission merchant" or "agent" means a person, firm or corporation engaged in the selling of packet seed of less than four (4) ounces to consumers.
(h) "Consumer" means any person who purchases or otherwise obtains seed for sowing but not for resale.
(i) "Council" means the seed arbitration council created under Section 63-3-20.
(j) "Date of test" means the month and year the percentage of germination appearing on the label was obtained by laboratory test.
(k) "Department" means the Mississippi Department of Agriculture, Forestry and Commerce.
(l) "Federal Seed Act" means the laws codified at 7 USCS 1551 et seq., and all regulations promulgated thereunder.
(m) "Firm ungerminated seed" means live seed, other than hard seed, which neither germinate nor decay during the period and under the conditions prescribed for germination of such seed by the rules and regulations promulgated pursuant to provisions of this article.
(n) "Flower seed" means the seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts, including transgenic seeds, and commonly known and sold under the name of flower seeds in this state.
(o) "Hybrid" means the first generation seed of a cross produced by controlling the pollination and combining: (i) two (2) or more inbred lines; or (ii) one (1) inbred line or a single cross with an open-pollinated variety; or (iii) two (2) varieties or species, except open-pollinated varieties of corn. The second generation and subsequent generations of such crosses shall not be regarded as hybrids.
(p) "Kind" means one or more related species or subspecies which singly or collectively is known by one (1) common name; for example: soybeans, crimson clover, striate lespedeza, tall fescue.
(q) "Label" means the display or displays of written, printed or graphic matter upon or attached to the container of seed pertaining to the contents of the container.
(r) "Labeler" means the person, firm, corporation or the registered code number whose name appears on the label or container of seed.
(s) "Labeling" includes all labels and other written, printed or graphic representations made by the labeler accompanying and pertaining to the seed product whether in bulk or in containers, and any product use guides for the technology of the seed, that may be distributed in any manner including representations on invoices except for current official publications of the United States Department of Agriculture, state extension services, state experiment stations, state agricultural colleges and other similar federal or state institutions or agencies authorized by law to conduct research.
(t) "Lot of seed" means a definite quantity of seed identified by a lot number or other identification mark, every portion or bag of which is uniform for the factors which appear on the label, within permitted tolerances.
(u) "Mixed" or "mixture" means seeds consisting of more than one (1) kind, or kind and variety, or strain, each present in excess of five percent (5%) of the whole.
(v) "Official certifying agency" means an agency authorized or recognized and designated as a certifying agency by the laws of a state, the United States, a province of Canada, or the government of a foreign country.
(w) "Origin" means the state, District of Columbia, Puerto Rico, or possessions of the United States, or the foreign country where the seeds were grown.
(x) "Processing" means cleaning, scarifying, blending or treating to obtain uniform quality and other operations which would change the purity or germination of the seed and therefore require retesting to determine the quality of the seed.
(y) "Product use guide" means any written information prepared by the labeler and distributed to the consumer, containing specific information concerning a seed product or a technology.
(z) "Prohibited noxious weed seed" means the seeds of weeds that reproduce by seed, and/or spread by underground roots or stems, and which, when established, are highly destructive and difficult to control in this state by ordinary good cultural practice, or constitute a peculiar hazard to the agriculture of this state.
(aa) "Pure seed," "germination," "other crop seed," "inert matter" and other seed labeling and testing terms in common usage not defined herein are defined as in the Federal Seed Act and the rules and regulations promulgated under that act.
(bb) "Recognized professional" means a person who is a licensed consultant, a certified crop advisor or any other person recognized by the arbitration council to be qualified to provide expert advise and opinion on seed performances.
(cc) "Restricted noxious weed seed" means the seeds of weeds that are particularly objectionable in fields, lawns or gardens of this state, but which can ordinarily be controlled by good cultural practice.
(dd) "Seed record" means information which relates to the origin, treatment, germination and purity of each lot of agricultural seed sold, offered or exposed for sale in this state, or which relates to the treatment, germination and variety of each lot of vegetable, flower, or tree and shrub seed sold, offered or exposed for sale in this state. Such information includes seed samples and records of declarations, labels, purchases, sales, cleaning, bulking, handling, storage, analyses, tests and examinations.
(ee) "Seedsman" means a person, firm or corporation engaged in the buying, selling or exchanging, offering or exposing for sale agricultural seeds or mixtures thereof, vegetable, flower, tree and shrub seeds as defined in this article.
(ff) "Stop sale order" means any written or printed notice or order given or issued by the commissioner or his authorized agents to the owner or custodian of any lot of agricultural, vegetable, flower, or tree and shrub seeds in this state, directing such owner or custodian not to sell, offer or expose such seeds for sale for planting purposes within this state until requirements of this article shall have been complied with and a written release has been issued.
(gg) "Strain" means the subdivision of a variety; for example: Clemson nonshattering soybeans, Strain 4.
(hh) "Treated" means that the seed has been given an application of a substance or subjected to a process designed to control or repel certain disease organisms, insects or other pests attacking such seeds or seedlings grown therefrom to improve its planting value or to serve any other purpose.
(ii) "Tree and shrub seeds" means the seeds of woody plants, including transgenic seeds, commonly known and sold as tree and shrub seeds in this state.
(jj) "Tolerance" means the allowance for sampling variation specified under rules and regulations promulgated pursuant to the provisions of this article.
(kk) "Transgenic seed" means seed from a plant whose genetic composition has been altered by methods other than those used in conventional plant breeding to produce seed that contains selected genes from other plants or species that will produce results such as herbicide tolerance, or resistance, insect tolerance, or resistance, or other traits derived from biotechnology.
(ll) "Variety" means a subdivision of a kind which is characterized by growth, plant, fruit, seed or other characteristics by which it can be differentiated in successive generations from other sorts of the same kind; for example: Lee soybeans, Frontier crimson clover, Kobe striate lespedeza, Kentucky 31 tall fescue.
(mm) "Vegetable seeds" means the seeds of those crops which are grown in gardens or on truck farms, including transgenic seeds, and are generally known and sold under the name of vegetable seeds in this state.
(nn) "Weed seed" means the seeds, bulblets or tubers of all plants generally recognized as weeds within the state and includes noxious weed seeds.
(oo) "Wholesale distributor" means a person, firm or corporation engaged in the selling of seed to a seedsman holding a permit as required by subsection (1)(c) of Section 69-3-3.
SECTION 59. Section 69-15-2, Mississippi Code of 1972, is amended as follows:
69-15-2. (1) The Mississippi Board of Animal Health is to be composed of the Commissioner of Agriculture, Forestry and Commerce, the Dean of the College of Veterinary Medicine and the heads of the Animal and Dairy Science and Poultry Science Departments at Mississippi State University of Agriculture and Applied Science and one (1) person appointed by the President of Alcorn State University from its land grant staff as five (5) ex officio members with full voting rights, and eleven (11) other members of the board to be appointed by the Governor as hereinafter provided. The board shall select annually a chairman and vice chairman from any members of the board.
(2) The Governor, with the advice and consent of the Senate, shall appoint eleven (11) other members from the following groups or associations from a written list of three (3) recommendations from such groups or associations:
One (1) licensed and practicing veterinarian who holds a Doctor of Veterinary Medicine Degree, from a written list of three (3) recommendations submitted by the Mississippi State Veterinary Medical Association;
One (1) general farmer from a written list of three (3) recommendations submitted by the Mississippi Farm Bureau Federation;
One (1) poultry breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Poultry Improvement Association;
One (1) sheep breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Sheep Producers' Association;
One (1) beef cattle breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Cattlemen's Association;
One (1) swine breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Pork Producers' Association;
One (1) dairy breeder and producer from a written list of three (3) recommendations submitted by the American Dairy Association of Mississippi;
One (1) horse breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Horse Council;
One (1) catfish breeder and producer from a written list of three (3) recommendations submitted by the Mississippi Catfish Association;
One (1) member of the Mississippi Independent Meat Packers' Association from a written list of three (3) recommendations submitted by the Mississippi Independent Meat Packers' Association; and
One (1) member of the Mississippi Livestock Auction Association from a written list of three (3) recommendations submitted by the Mississippi Livestock Auction Association.
All members shall take and subscribe to the general oath of office as provided in Section 268, Mississippi Constitution of 1890, and file the same with the Commissioner of Agriculture, Forestry and Commerce.
(3) Effective August 1, 1968, the dairy producer member shall be appointed for a one-year term; the Livestock Auction Association member shall be appointed for a two-year term; and the meatpacker member shall be appointed for a three-year term; the catfish producer member shall be appointed for a four-year term; and the horse producer member shall be appointed for a five-year term.
Effective August 1, 1969, the poultry producer member shall be appointed for a two-year term; on August 1, 1970, the sheep producer member shall be appointed for a three-year term; on August 1, 1971, the swine producing member shall be appointed for a four-year term; on August 1, 1972, the general farmer member shall be appointed for a five-year term; on August 1, 1973, the veterinarian member shall be appointed for a six-year term; and on August 1, 1974, the beef cattle producer member shall be appointed for a seven-year term.
All subsequent appointments shall be for four-year terms, except for appointments to fill vacancies which shall be for the unexpired term only.
(4) (a) "Commissioner" means the Commissioner of Agriculture, Forestry and Commerce.
(b) "Department" means the Department of Agriculture, Forestry and Commerce.
(5) On or before July 1, 1998, the board shall appoint, from a written list of not less than three (3) licensed veterinarians submitted by the commissioner, the State Veterinarian.
(6) There is created an advisory council to advise the Board of Animal Health on matters concerning the board. The council shall be composed of the Chairman of the Senate Agriculture Committee, the Chairman of the House Agriculture Committee, and one (1) appointee of the Lieutenant Governor and one (1) appointee of the Speaker of the House of Representatives. The members of the advisory council shall serve in an advisory capacity only. For attending meetings of the council, such legislators shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts provided for committee meetings when the Legislature is not in session; however, no per diem or expenses for attending meetings of the council shall be paid while the Legislature is in session. No per diem and expenses shall be paid except for attending meetings of the council without prior approval of the proper committee in their respective houses.
SECTION 60. Section 69-29-1, Mississippi Code of 1972, is amended as follows:
69-29-1. (1) (a) There is established the Mississippi Agricultural and Livestock Theft Bureau.
(b) The Commissioner of Agriculture, Forestry and Commerce shall appoint a director of the Mississippi Agricultural and Livestock Theft Bureau. Such director shall have at least five (5) years of law enforcement experience. Such director shall be responsible solely to the supervision of the Commissioner of Agriculture and to no other person or entity. Such director may be discharged only for just cause shown.
(c) The director may employ nine (9) agricultural and livestock theft investigators, one (1) from each highway patrol district, and each investigator is required to reside within the highway patrol district from which he or she is selected. Each investigator shall be certified as a law enforcement officer, successfully completing at least a nine-week training course, in accordance with Section 45-6-11. The curriculum for the training of constables shall not be sufficient for meeting the certification requirements of this paragraph. In the selection of investigators under this section, preference shall be given to persons who have previous law enforcement experience.
(d) The director appointed under this section, under the direction, control and supervision of the commissioner, and the investigators employed under this section shall perform only the duties described in subsection (2) of this section and shall not be assigned any other duties.
(2) The director appointed under this section and the investigators employed under this section shall have the following powers, duties and authority:
(a) To enforce all of the provisions of Sections 69-29-9 and 69-29-11, and particularly those portions requiring persons transporting livestock to have a bill of sale in their possession; to make investigations of violations of such sections and to arrest persons violating same;
(b) To enforce all of the laws of this state enacted for the purpose of preventing the theft of livestock, poultry, timber and agricultural, aquacultural and timber products and implements; to make investigations of violations thereof and to arrest persons violating same;
(c) To cooperate with all regularly constituted law enforcement officers relative to the matters herein set forth;
(d) To serve warrants and other process emanating from any court of lawful jurisdiction, including search warrants, in all matters herein set forth;
(e) To carry proper credentials evidencing their authority, which shall be exhibited to any person making demand therefor;
(f) To make arrests without warrant in all matters herein set forth in cases where same is authorized under the constitutional and general laws of this state;
(g) To handle the registration of brands of cattle and livestock;
(h) To investigate, prevent, apprehend and arrest those persons anywhere in the state who are violating any of the laws administered by the Department of Agriculture, Forestry and Commerce, including, but not limited to, all agriculture-related and woods arson crimes.
(i) To access and examine records of any person, business or entity that harvests, loads, carries, receives or manufactures timber products as defined in this section. Each such person or entity shall permit the director or any investigator of the Mississippi Agricultural and Livestock Theft Bureau to examine records of the sale, transfer or purchase of timber or timber products, including, but not limited to, contracts, load tickets, settlement sheets, drivers' logs, invoices, checks and any other records or documents related to an ongoing investigation of the Mississippi Agricultural and Livestock Theft Bureau.
(3) The Commissioner of Agriculture, Forestry and Commerce shall furnish such investigators with such vehicles, equipment and supplies as may be necessary. All expenses of same, and all other expenses incurred in the administration of this section, shall be paid from such appropriation as may be made by the Legislature.
(4) The State Tax Commission and its agents and employees shall cooperate with such investigators by furnishing to them information as to any possible or suspected violations of any of the laws mentioned herein, including specifically Section 69-29-27, and in any other lawful manner.
(5) The conservation officers of the Department of Wildlife, Fisheries and Parks are authorized to cooperate with and assist the agricultural and livestock theft investigators in the enforcement and apprehension of violators of laws regarding agricultural and livestock theft.
* * *
(6) For the purposes of this section, "timber product" means timber of all kinds, species or sizes, including, but not limited to, logs, lumber, poles, pilings, posts, blocks, bolts, cordwood and pulpwood, pine stumpwood, pine knots or other distillate wood, crossties, turpentine (crude gum), pine straw, firewood and all other products derived from timber or trees that have a sale or commercial value.
SECTION 61. Section 69-31-1, Mississippi Code of 1972, is amended as follows:
69-31-1. As used in this chapter, unless the context requires otherwise:
(a) "Agricultural products" means any product of agriculture which is tested for moisture content when offered for sale, processing or storage.
(b) "Commissioner" means the Commissioner of the Mississippi Department of Agriculture, Forestry and Commerce.
(c) "Department" means the Department of Agriculture, Forestry and Commerce.
(d) "Moisture-measuring devices" means any device or instrument used by any person in proving or ascertaining the moisture content of agricultural products.
(e) "Person" means any individual, corporation, partnership, cooperative association, or two (2) or more persons having a joint or common interest in the same venture.
SECTION 62. Section 69-37-5, Mississippi Code of 1972, is amended as follows:
69-37-5. As used in this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a) "Assessment" means the amount per acre to be charged each cotton grower to finance, in whole or part, a boll weevil suppression, pre-eradication or eradication program in various cotton growing regions within this state. Such assessments would be based on scientifically sound data regarding the level of boll weevil infestation within each region and the anticipated cost of conducting the proposed program.
(b) "Boll weevil" means Anthonomus grandis Boheman in any stage of development.
(c) "Bureau" means the Bureau of Plant Industry within the regulatory office of the Mississippi Department of Agriculture, Forestry and Commerce.
(d) "Certificate" means a document issued or authorized by the Bureau of Plant Industry indicating that a regulated article is not contaminated with the boll weevils.
(e) "Certified Cotton Growers Organization" means a statewide organization with membership open to all Mississippi cotton growers and having a board of directors elected in accordance with the bylaws of the organization. This Certified Cotton Growers Organization shall serve to represent the interest and concerns of Mississippi cotton growers with respect to the planning and implementation of boll weevil management programs.
(f) "Commissioner" means the Commissioner of Agriculture, Forestry and Commerce.
(g) "Cotton" means any cotton plant or cotton plant products upon which the boll weevil is dependent for completion of any portion of its life cycle.
(h) "Cotton grower" means any person who under the rules and regulations of the United States Department of Agriculture is actively engaged in cotton farming.
(i) "Department" means the Mississippi Department of Agriculture, Forestry and Commerce.
(j) "Eradication program" means any unified regional or statewide program designed to eliminate the boll weevil as an economic pest within the specified area.
(k) "Host" means any plant or plant product upon which the boll weevil is dependent for completion of any portion of its life cycle.
(l) "Infested" means actually infested with a boll weevil or so exposed to infestation that it would be considered infested according to criteria established by the Technical Advisory Committee of the Certified Cotton Growers Organization.
(m) "Information gathering program" means any unified regional or statewide program designed to gather information that will be used in planning or implementing a boll weevil management program.
(n) "Management program" means any unified regional or statewide program designed to suppress or eradicate the boll weevil or to gather information that will be used in planning or implementing such suppression or eradication programs.
(o) "Permit" means a document issued or authorized by the Bureau of Plant Industry to provide for the movement of regulated articles to restricted designations for limited handling, utilization or processing.
(p) "Person" means any individual, partnership, corporation, company, society, association or other business entity.
(q) "Pest" means any species of plant, animal, or microbe that adversely affects cotton production; including, but not limited to: insects, weeds, nematodes, bacteria, fungi, and viruses.
(r) "Pre-eradication program" means any unified regional or statewide program designed to reduce overall boll weevil populations prior to entering a full scale eradication program.
(s) "Region" means a specific cotton growing area within the state as defined by the Technical Advisory Committee of the Certified Cotton Growers Organization. Such regions will be defined according to the bylaws of the Certified Cotton Growers Organization based on similarities in boll weevil populations, cotton cultural practices, national topography and climate. All cotton growers within a region will collectively vote on and participate in any boll weevil management program proposed for that particular region.
(t) "Regulated article" means any article of any character carrying or capable of carrying the boll weevil, including cotton plants, seed cotton, cottonseed, other hosts, gin trash, gin equipment, mechanical cotton pickers and other equipment associated with cotton production, harvesting or processing.
(u) "Suppression" means any unified regional or statewide program designed to reduce overall boll weevil populations throughout the specified area.
(v) "Technical advisory committee" means a group of professional scientists in the fields of entomology, agronomy, agricultural economics and other appropriate disciplines appointed by the Certified Cotton Growers Organization to provide technical guidance in developing and conducting effective boll weevil management programs.
SECTION 63. Section 69-45-5, Mississippi Code of 1972, is amended as follows:
69-45-5. For the purposes of this chapter, the following terms shall have the following meanings:
(a) "Commissioner" means the Commissioner of Agriculture, Forestry and Commerce.
(b) "Department" means the Department of Agriculture, Forestry and Commerce.
(c) "Person" means an individual, firm, partnership, corporation, association, business, trust, legal representative or any other business unit.
(d) "Reproduce" means to stencil, emboss, print, engrave, impress, imprint, lithograph or duplicate in any manner or to cause any such acts to be done.
(e) "Agricultural product" means any product that is at least fifty-one percent (51%) grown, processed or manufactured in the State of Mississippi.
(f) "Division" means the Division of Market Development within the Department of Agriculture, Forestry and Commerce.
SECTION 64. Section 69-46-3, Mississippi Code of 1972, is amended as follows:
69-46-3. (1) There is created the Mississippi Land, Water and Timber Resources Board, hereinafter referred to as "the board," for the purpose of assisting Mississippi agricultural industry in the development, marketing and distribution of agricultural products.
(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 Executive Director of the Mississippi Development Authority, or his designee;
(e) The Commissioner of the Mississippi Department of Agriculture, Forestry and Commerce, or his designee;
(f) The President of the Mississippi Farm Bureau Federation, or his designee;
(g) The Director of the Cooperative Extension Service at Mississippi State University, or his designee;
(h) The Executive Director of the Agribusiness and Natural Resource Development Center at Alcorn State University, or his designee;
(i) The Director of the Agricultural Finance Division of the Mississippi Development Authority, or his designee;
(j) The Director of the Agriculture Marketing Division of the Mississippi Department of Agriculture and Commerce, or his designee;
(k) The State Forester, or his designee; and
(l) Three (3) individuals appointed by the Governor who are active producers of Mississippi land, water or timber commodities. 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, Forestry 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 and Timber 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 65. Section 69-47-1, Mississippi Code of 1972, is amended as follows:
69-47-1. For the purpose of this chapter, the following terms shall have the following meanings:
(a) "Agricultural product" means any agricultural commodity or product, whether raw or processed, that is marketed for human consumption.
(b) "Certified organic farm" means a farm or portion of a farm or a site where agricultural products are produced that is certified by the department as utilizing a system of organic farming.
(c) "Commissioner" means the Commissioner of the Mississippi Department of Agriculture, Forestry and Commerce.
(d) "Department" means the Mississippi Department of Agriculture, Forestry and Commerce.
(e) "EPA" means the United States Environmental Protection Agency.
(f) "Farm plan" means a plan of management of an organic farm that has been agreed to by the producer or handler and the department and that includes written plans concerning all aspects of agricultural production or handling, including all practices required under this chapter.
(g) "FDA" means the United States Food and Drug Administration.
(h) "Greenhouse unit" or "unit" means a structure intended or used for the production of agricultural products.
(i) "Handler" means any person engaged in the business of handling agricultural products, except such term shall not include final retailers of agricultural products that do not process agricultural products.
(j) "Mississippi organic materials and practices (MOMP)" means a list of approved and prohibited substances and practices as adopted.
(k) "Organic farming" means a food production system based on farm management methods or practices that rely on building soil fertility by utilizing crop rotation, recycling of organic wastes, application of unsynthesized minerals and, when necessary, mechanical, botanical or biological pest control.
(l) "Organic food" means a food which is labeled as organic or organically grown and which has been produced, transported, distributed, processed and packaged without the use of synthetic pesticides, synthetically compounded fertilizers, synthetic growth hormones, genetically modified organisms or artificial radiation and which has been verified by the department as complying with all provisions of this chapter.
(m) "Organically managed or produced" means an agricultural product that is produced and handled in accordance with all the provisions of this chapter and any regulations adopted thereunder.
(n) "Person" means an individual, group of individuals, corporation, association, organization, cooperative or other entity.
(o) "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest and any substance or combination of substances intended for use as a plant regulator, defoliant, desiccant or any substance the commissioner determines to be a pesticide.
(p) "Processing" means cooking, baking, heating, drying, mixing, grinding, churning, separating, extracting, cutting, fermenting,preserving, dehydrating, freezing or otherwise manufacturing and includes the packaging, canning, jarring or otherwise enclosing food in a container.
(q) "Producer" means a person who engages in the business of growing or producing food, feed and ornamental plants.
(r) "Prohibited substances, fertilizers, materials, pesticides" mean those substances, fertilizers, materials, pesticides or practices prohibited by this chapter or regulations from use in a certified organic farming operation.
(s) "Restricted" means substances and practices which use is limited or qualified by the commissioner.
(t) "Tolerance" means the amount of a pesticide permitted on raw or processed agricultural commodities.
SECTION 66. Section 79-22-5, Mississippi Code of 1972, is amended as follows:
79-22-5. For the purpose of this chapter unless the context clearly requires otherwise:
(a) "Aquaculture" means any form of agriculture that includes the process of growing, farming, cultivating and/or harvesting cultured aquatic products in marine or freshwaters and includes management by an aquaculturist.
(b) "Aquaculturist" is a person who is engaged in the cultivating of cultured aquatic products.
(c) "Aquaculture facility" means any facility or resources that are used for aquaculture activities and operations in Mississippi.
(d) "Cultured aquatic products" are marine or freshwater plants and animals that are propagated, farmed or cultivated in an aquaculture facility under the supervision and management of an aquaculturist or that are naturally produced in an aquaculture facility which at the time of production are under the active supervision and management of an aquaculturist.
(e) "Department" means the Department of Agriculture, Forestry and Commerce.
(f) A "cultivation permit" is a permit issued by the department applicable to design criteria to prevent release of certain cultured aquatic products from an aquaculture facility into the environment.
(g) A "marketing permit" is a permit issued by the department to provide a mechanism for tracing certain marketed and cultured aquatic products to verify that they were cultured in an aquaculture facility and were not harvested from wild stocks and to prevent the release of undesirable species into the environment.
SECTION 67. Section 49-19-19, Mississippi Code of 1972, which provides for free commercial tree seedlings for farm owners is repealed.
SECTION 68. Section 49-19-27, Mississippi Code of 1972, which creates the tree seedling revolving fund is repealed.
SECTION 69. Section 49-19-31, Mississippi Code of 1972 which created a joint forestry study committee is repealed.
SECTION 70. This act shall take effect and be in force from and after July 1, 2005.