MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Agriculture; Appropriations
By: Senator(s) Watson
AN ACT TO PROVIDE FOR THE TRANSFER OF PERSONNEL AND RESOURCES OF THE MISSISSIPPI BOARD OF ANIMAL HEALTH TO THE DEPARTMENT OF AGRICULTURE AND COMMERCE; TO PROVIDE THAT THE MISSISSIPPI BOARD OF ANIMAL HEALTH SHALL BE AN ADVISORY BOARD TO THE DEPARTMENT OF AGRICULTURE AND COMMERCE; TO AMEND SECTIONS 69-15-2 AND 69-15-9, MISSISSIPPI CODE OF 1972, TO CONFORM; TO PROVIDE FOR THE TRANSFER OF PERSONNEL AND RESOURCES OF THE MISSISSIPPI BOARD OF VETERINARY MEDICINE TO THE DEPARTMENT OF AGRICULTURE AND COMMERCE; TO PROVIDE THAT THE MISSISSIPPI BOARD OF VETERINARY MEDICINE SHALL BE AN ADVISORY BOARD TO THE DEPARTMENT OF AGRICULTURE AND COMMERCE; TO AMEND SECTIONS 73-39-53 AND 73-39-55, MISSISSIPPI CODE OF 1972, TO CONFORM; TO PROVIDE FOR THE TRANSFER OF PERSONNEL AND RESOURCES OF THE MISSISSIPPI FAIR COMMISSION TO THE DEPARTMENT OF AGRICULTURE AND COMMERCE; TO PROVIDE THAT THE MISSISSIPPI FAIR COMMISSION SHALL BE AN ADVISORY COMMISSION TO THE DEPARTMENT OF AGRICULTURE AND COMMERCE; TO AMEND SECTION 69-5-1, MISSISSIPPI CODE OF 1972, TO CONFORM; TO PROVIDE FOR THE TRANSFER OF PERSONNEL AND RESOURCES OF THE MISSISSIPPI EGG MARKETING BOARD TO THE DEPARTMENT OF AGRICULTURE AND COMMERCE; TO PROVIDE THAT THE MISSISSIPPI EGG MARKETING BOARD SHALL BE AN ADVISORY BOARD TO THE DEPARTMENT OF AGRICULTURE AND COMMERCE; TO AMEND SECTIONS 69-7-251, 69-7-253 AND 69-7-255, MISSISSIPPI CODE OF 1972, TO CONFORM; TO PROVIDE FOR THE TRANSFER OF PERSONNEL AND RESOURCES OF THE STATE BOARD OF REGISTRATION FOR FORESTERS TO THE STATE FORESTRY COMMISSION; TO PROVIDE THAT THE STATE BOARD OF REGISTRATION FOR FORESTERS SHALL BE AN ADVISORY BOARD TO THE STATE FORESTRY COMMISSION; TO AMEND SECTIONS 73-36-3, 73-36-9, 73-36-17, 73-36-19 AND 49-19-3, MISSISSIPPI CODE OF 1972, TO CONFORM; 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. (1) The following agencies are transferred to and hereafter shall be within the Mississippi Department of Agriculture and Commerce:
(a) The Mississippi Board of Animal Health created in Section 69-15-2.
(b) The Mississippi Board of Veterinary Medicine created in Section 73-39-55.
(c) The Mississippi Egg Marketing Board created in Section 69-7-253.
(d) The Mississippi Fair Commission created in Section 69-5-1.
(2) The Commissioner of Agriculture and Commerce shall designate each transferred agency as an administrative unit within the department according to the organizational nomenclature as provided in Section 7-17-11.
(3) Each agency and the Department of Agriculture and Commerce shall comply with the requirements for the abolition of agencies under Sections 5-11-1 through 5-11-5.
(4) The agencies transferred under this act shall continue to be composed and selected as provided by law, and each agency shall continue to exercise all of the powers, duties, functions and responsibilities authorized by law as an administrative unit within the Department of Agriculture and Commerce.
(5) (a) The boards and commissions transferred under this act shall continue to be composed and selected as provided by law.
(b) The powers of all the boards and commissions transferred under this act shall act be advisory only and it shall be the duty of each board and commission to advise the Commissioner of Agriculture and Commerce on matters within their jurisdiction.
(6) All powers, duties, employees, equipment, buildings, facilities, inventory, funds and resources of the transferred agencies shall be transferred to the Department of Agriculture and Commerce.
SECTION 2. (1) The Mississippi Department of Agriculture and Commerce shall be the Mississippi Board of Animal Health and shall retain all powers and duties granted by law to the Mississippi Board of Animal Health. The Mississippi Board of Animal Health shall transfer all powers, duties, employees, equipment, building facilities, inventory, funds and resources to the Department of Agriculture and Commerce.
(2) Wherever the terms "Mississippi Board of Animal Health," "Board of Animal Health" or "board" appear in any law, the same shall be construed to mean the Department of Agriculture and Commerce.
SECTION 3. Section 69-15-2, Mississippi Code of 1972, is amended as follows:
69-15-2. (1) The Mississippi Advisory Board of Animal Health is to be composed of the Commissioner of Agriculture 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 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 four (4) recommendations, one (1) recommendation submitted by each of the following: the Mississippi Quarter Horse Association, Tennessee Walking Horse Association, Mississippi Cutting Horse Association and Mississippi State Equine Association. If an association fails to timely submit its recommendation, the Governor may appoint the member from the list of recommendations submitted by the other associations;
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;
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 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 meat packer 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 and Commerce.
(b) "Department" means the Department of Agriculture 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.
(7) The powers of the board are advisory only and it is the duty of the board to advise the department on matters within the jurisdiction of the board.
SECTION 4. Section 69-15-9, Mississippi Code of 1972, is amended as follows:
69-15-9. (1) The Department of Agriculture and Commerce shall have plenary power to deal with all contagious and infectious diseases of animals as in the opinion of the board may be prevented, controlled or eradicated, and with full power to make, promulgate and enforce such rules and regulations as in the judgment of the board may be necessary to control, eradicate and prevent the introduction and spread of anthrax, tuberculosis, hog cholera, Texas and splenic fever and the fever-carrying tick (margaropus annulatus), cattle brucellosis, anaplasmosis, infectious bovine rhinotracheitis, muscosal disease, cattle viral diarrhea, cattle scabies, sheep scabies, hog cholera, swine erysipelas, swine brucellosis, equine encephalomyelitis, rabies, vesicular diseases, salmonella group, newcastle disease, infectious laryngotracheitis, ornithosis-psittacosis, mycoplasma group, chronic wasting disease and any suspected new and/or foreign diseases of livestock and poultry and all other diseases of animals in this state, and the department is hereby vested with full authority to establish and maintain quarantine lines and to quarantine by county, supervisors district, parcel of land or herd. The State Veterinarian shall appoint as many inspectors and range riders as may be deemed necessary, and the funds at his disposal will permit, and shall delegate authority to said inspectors and range riders, to enter premises to inspect and disinfect livestock and premises, and enforce quarantine including counties, farms, pens, stables and other premises.
(2) No officer or agent of the State Veterinarian may enter the actual enclosures of any person except * * * with the consent of the person lawfully in possession thereof or * * * in the absence of such consent, with a proper writ obtained as in other cases of searches and seizures under constitutional law. When such officers and agents are lawfully on the premises, either by permission or writ, they shall be authorized to inspect the premises and the livestock and animals found thereon by entering the enclosures and buildings and they are authorized to check livestock and poultry found therein for any contagious diseases and take proper action to control or eradicate any such diseases that may be found. While such officers and agents are performing their duties hereunder, they shall not be personally liable except for gross negligence. The refusal without lawful reason of any person to give the consent aforesaid shall be deemed a misdemeanor and shall be punishable as for violations of Article 5 of this chapter as provided for in Section 69-15-115.
The department shall administer the special fund created in Section 69-15-19.
(3) (a) The department shall have plenary power to control, prevent, eradicate, inspect and monitor chronic wasting disease or other contagious disease of exotic cervids or other exotic livestock. It shall be the duty of the board to develop an inspection, testing and monitoring program for such diseases.
(b) An officer or agent of the State Veterinarian is authorized to enter any facility containing cervids or other exotic livestock to inspect the premises and the cervids or exotic livestock. Such officer or agent may inspect, monitor or test any cervid or exotic livestock for disease and may take proper action to control or eradicate any diseases found. While such officers or agents are performing their duties, they shall not be personally liable, except for gross negligence.
(c) As a condition of maintaining a permit for a cervid or other exotic livestock facility, it shall be the duty of the permittee to allow the agents of the State Veterinarian to enter the facility and to conduct inspections and tests.
(4) As a condition of maintaining a permit for a cervid or other exotic livestock facility, the permittee shall immediately notify the State Veterinarian upon discovery of the escape of a cervid or exotic livestock. Any such animal shall be treated as an escaped wild animal and may be disposed of accordingly.
SECTION 5. Section 73-39-53, Mississippi Code of 1972, is amended as follows:
73-39-53. When used in this chapter, these words and phrases shall be defined as follows:
(a) "Abandoned" means to forsake entirely, to neglect or refuse to provide or perform legal obligations for the care and support of an animal or to refuse to pay for treatment or other services without an assertion of good cause.
(b) "Accredited college of veterinary medicine" means any veterinary college, school or division of a university or college that offers the degree of doctor of veterinary medicine or its equivalent and that is accredited by the Council on Education of the American Veterinary Medical Association (AVMA).
(c) "Accredited program in veterinary technology/technician" means any postsecondary educational program that is accredited by the Committee on Veterinary Technician Education and Activities of the AVMA.
(d) "Animal" means any animal other than a human.
(e) "Board" means the Department of Agriculture and Commerce.
(f) "Client" means the patient's owner, owner's agent or other person responsible for the patient.
(g) "Complementary, alternative and integrative therapies" means a heterogeneous group of preventive, diagnostic, and therapeutic philosophies and practices, which at the time they are performed may differ from current scientific knowledge, or whose theoretical basis and techniques may diverge from veterinary medicine routinely taught in accredited veterinary medical colleges, or both. These therapies include, but are not limited to, veterinary acupuncture, acutherapy and acupressure; veterinary homeopathy; veterinary manual or manipulative therapy (therapies based on techniques practiced in osteopathy, chiropractic medicine or physical medicine and therapy); veterinary nutraceutical therapy; and veterinary phytotherapy.
(h) "Consultation" means when a licensed veterinarian receives advice in person, telephonically, electronically or by any other method of communication, from a veterinarian licensed in this or any other state or other person whose expertise, in the opinion of the licensed veterinarian, would benefit a patient.
(i) "Certified veterinary technician" means a veterinary technician certified by the board.
(j) "Direct supervision" means a licensed veterinarian is readily available on the premises where the patient is being treated.
(k) "Educational equivalence" means the holder has demonstrated knowledge and skill equivalent to that possessed by a graduate of an accredited college of veterinary medicine.
(l) "Extralabel use" means actual use or intended use of a drug in an animal in a manner that is not in accordance with the approved labeling. This includes, but is not limited to, use in species not listed in the labeling, use for indications (disease or other conditions) not listed in the labeling, use at dosage levels, frequencies, or routes of administration other than those stated in the labeling, and deviation from the labeled withdrawal time based on these different uses.
(m) "Impaired veterinarian" means a veterinarian who is unable to practice veterinary medicine with reasonable skill and safety because of a physical or mental disability as evidenced by a written determination from a competent authority or written consent based on clinical evidence, including deterioration of mental capacity, loss of motor skills, or abuse of drugs or alcohol of sufficient degree to diminish the person's ability to deliver competent patient care.
(n) "Indirect supervision" means a veterinarian has given either written or oral instructions for treatment of the patient and is readily available by telephone or other form of communication.
(o) "Informed consent" means the veterinarian has informed the client, in a manner that would be understood by a reasonable person, of the diagnostic and treatment options, risk assessment and prognosis and has provided the client with an estimate of the charges for veterinary services to be rendered and the client has consented to the recommended treatment.
(p) "Licensed veterinarian" means a person licensed to practice veterinary medicine in this state.
(q) "Patient" means an animal that is examined or treated by a veterinarian.
(r) "Person" means any individual, firm, partnership (general, limited or limited liability), association, joint venture, cooperative, corporation, limited liability company or any other group or combination acting in concert and whether or not acting as a principal, partner, member, trustee, fiduciary, receiver or as any other kind of legal or personal representative or as the successor in interest, assignee, agent, factor, servant, employee, director, officer or any other representative of such person.
(s) "Practice of veterinary medicine" means:
(i) To diagnose, treat, correct, change, alleviate or prevent animal disease, illness, pain, deformity, defect, injury or other physical, dental or mental conditions by any method or mode, including:
1. The prescribing, dispensing, administering or applying of any drug, medicine, biologic, apparatus, anesthetic or other therapeutic or diagnostic substance or medical or surgical technique; or
2. The using of complementary, alternative and integrative therapies; or
3. The rendering of advice or recommendation by any means including telephonic and other electronic communications with regard to any of the above.
(ii) To represent, directly or indirectly, publicly or privately, an ability and willingness to do an act described in this paragraph.
(iii) To use any title, words, abbreviation or letters in a manner or under circumstances that induce the belief that the person using them is qualified to do any act described in this paragraph.
(t) "Practice of veterinary technology" means to perform patient care or other services that require a technical understanding of veterinary medicine on the basis of written or oral instruction of a veterinarian, excluding diagnosing, prognosing, performing surgery or prescribing drugs, medicine or appliances.
(u) "Veterinarian" means a person who has received a professional veterinary medical degree from a college of veterinary medicine.
(v) "Veterinarian-client-patient relationship" means that all of the following are required:
(i) The veterinarian has assumed the responsibility for making clinical judgments regarding the health of the animal and the need for medical treatment, and the client has agreed to follow the veterinarian's instructions.
(ii) The veterinarian has sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the medical condition of the animal because the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal either by virtue of an examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept.
(w) "Veterinary medicine" means all branches and specialties included within the practice of veterinary medicine.
(x) "Veterinary premises" means any premises or facility where the practice of veterinary medicine occurs, including, but not limited to, a mobile clinic, outpatient clinic, satellite clinic or veterinary hospital or clinic, but shall not include the premises of a veterinary client, research facility, a federal military base or an accredited college of veterinary medicine.
(y) "Veterinary prescription drug" means a drug that may not be dispensed without the prescription of a veterinarian and that bears the label statement: "CAUTION: Federal law restricts this drug to use by or on the order of a licensed veterinarian."
(z) "Veterinary technician" means a person certified by the board as a veterinary technician.
(aa) "Veterinary technologist" means a graduate of a four-year accredited program in veterinary technology.
SECTION 6. Section 73-39-55, Mississippi Code of 1972, is amended as follows:
73-39-55. (1) An Advisory Board of Veterinary Medicine shall be appointed by the Governor and shall consist of five (5) licensed veterinarians, with at least one (1) member from each of the Supreme Court districts of the state and not more than two (2) members from the same Supreme Court district. All members of the Board of Veterinary Medicine shall be veterinarians who have practiced in this state for a period of not less than five (5) years and shall be graduates of a school of veterinary medicine recognized by the American Veterinary Medical Association. Appointments shall be for a five-year term or to fill an unexpired term. The Governor shall fill all vacancies on the board as they shall occur by appointment from a list of three (3) eligible veterinarians submitted by the Mississippi Veterinary Medical Association for each vacancy. If the vacancy to be filled is caused by expiration of the term, death, resignation or inability to serve as a board member whose residence is in a Supreme Court district having two (2) members on the board, the Mississippi Veterinary Medical Association shall submit six (6) names: three (3) from the Supreme Court district in which the former board member resided and three (3) from the Supreme Court district which had only one (1) member on the board, and the Governor shall fill the vacancy by appointment of one (1) of the six (6) nominees. All appointments shall be with the advice and consent of the Senate.
Members of the board serving on the predecessor board under Section 73-39-5 on July 1, 2005, may continue as members of the board until the expiration of the term for which they were appointed. Vacancies due to death, resignation or removal shall be filled for the remainder of the unexpired term in the same manner as regular appointments.
(a) A licensed veterinarian shall be qualified to serve as a member of the board if he has been licensed to practice veterinary medicine in this state for the five (5) years immediately preceding the time of his appointment.
(b) Each member of the board shall be paid in accordance with Section 25-3-69 for each day or substantial portion thereof if he is engaged in the work of the board, in addition to such reimbursement for travel and other expenses as is allowed under Section 25-3-41.
(2) The board shall meet at least once each year at the time and place fixed by rule of the board. Other necessary meetings may be called by the board by giving notice as may be required by rule. Except as may otherwise be provided, a majority of the board constitutes a quorum. Meetings shall be open and public except that the board may meet in closed session to prepare, approve, administer or grade examinations or to deliberate the qualification of an applicant for license or the disposition of a proceeding to discipline a licensed veterinarian in accordance with Section 25-41-7.
(3) The board annually shall elect officers from its membership as may be prescribed by rule. Officers of the board serve for terms of one (1) year and until a successor is elected, without limitation on the number of terms an officer may serve. The duties of officers shall be prescribed by rule.
(4) The powers of the board are advisory only and it is the duty of the board to advise the department on matters within the jurisdiction of the board.
SECTION 7. (1) The Mississippi Department of Agriculture and Commerce shall be the Mississippi Fair Commission and shall retain all powers and duties granted by law to the Mississippi Fair Commission. The Mississippi Fair Commission shall transfer all powers, duties, employees, equipment, building facilities, inventory, funds and resources to the Department of Agriculture and Commerce.
(2) Wherever the terms "Mississippi Fair Commission," "Fair Commission" or "commission" appear in any law, the same shall be construed to mean the Department of Agriculture and Commerce.
SECTION 8. Section 69-5-1, Mississippi Code of 1972, is amended as follows:
69-5-1. In order to promote agricultural and industrial development in Mississippi and to encourage the farmers to grow better livestock and agricultural products, there is hereby created a body politic and corporate to be hereafter known as the "Mississippi Fair Commission," which said body politic and corporate shall be under the management and control of said commission to be named by the Governor as follows: The Commissioner of Agriculture and Commerce, chairman, the director of the Mississippi Extension Service, president of the Mississippi Livestock Association, the director of Mississippi Vocational Education, and a representative of Mississippi Association of Fairs, a representative of the Agricultural and Industrial Board, and a representative of the City Commission of Jackson, Mississippi, all to serve four years without salary compensation. Should a vacancy occur by resignation or death, the governor shall appoint a successor. The duties of the Fair Commission are advisory only, and it is the duty to advise the department on matters within the jurisdiction of the commission.
SECTION 9. (1) The Mississippi Department of Agriculture and Commerce shall be the Mississippi Egg Marketing Board and shall retain all powers and duties granted by law to the Mississippi Egg Marketing Board. The Mississippi Egg Marketing Board shall transfer all powers, duties, employees, equipment, buildings facilities, inventory, funds and resources to the Department of Agriculture and Commerce.
(2) Wherever the terms "Mississippi Egg Marketing Board," "board" appear in any law the same shall be construed to mean the Department of Agriculture and Commerce.
SECTION 10. Section 69-7-251, Mississippi Code of 1972, is amended as follows:
69-7-251. As used in this article, the terms defined in this section shall have the meanings herein given to them, except where the context expressly indicates otherwise:
(a) "Board" means the Department of Agriculture and Commerce.
(b) "Person" means every person, partnership, firm, company, association, corporation or legal entity engaged in the production or sale of eggs in the state.
(c) "Eggs" means pullet and hen eggs only.
(d) "Handler" and "dealer" means any person engaged within the state as a wholesale distributor in the business of distributing eggs in Mississippi regardless of where the eggs are produced.
(e) "Producer" means any person engaged in the business of producing eggs in Mississippi, either as an owner or as an officer or stockholder of a business engaged in producing eggs in Mississippi, or any person deriving a profit from such a business.
(f) "Ship" or "shipping" means to move or cause to move eggs in intrastate or interstate or foreign commerce by rail, truck, boat, airplane or any other means.
(g) "Shipper" means any person engaged in shipping or causing to be shipped eggs in intrastate or interstate or foreign commerce, whether owner, agent or otherwise.
(h) "Case" means a standard case of thirty (30) dozen eggs.
SECTION 11. Section 69-7-253, Mississippi Code of 1972, is amended as follows:
69-7-253. (1) There is hereby continued the Mississippi Advisory Egg Marketing Board with domicile at the capital city of the state. The board shall be composed of five (5) members: one (1) member shall be the Commissioner of Agriculture and Commerce as ex officio member. One (1) member shall be an egg producer as defined in this article. Three (3) members shall be employed by or associated with egg industry related businesses, or disciplines which include poultry support, marketing, promotion, home economist, extension poultry science agencies and the Mississippi Department of Agriculture and Commerce. No more than one (1) industry-related business or discipline member shall be employed by, associated with or have a financial interest in the same company or subsidiary.
The Governor shall appoint the members from a list provided by the board based upon a poll of its members. The terms shall be for six (6) years. Each member shall serve, after the completion of his term, until his successor is appointed and duly qualified. Each vacancy shall be filled by appointment for the unexpired term.
The terms of office of persons appointed under the original act shall continue until the expiration of the terms to which they were appointed, the intent of this article being to continue the Mississippi Advisory Egg Marketing Board.
(2) The powers of the Mississippi Advisory Egg Marketing Board are advisory only and it is the duty of the board to advise the department on matters within its jurisdiction.
SECTION 12. Section 69-7-255, Mississippi Code of 1972, is amended as follows:
69-7-255. A majority of the members of the advisory board shall constitute a quorum for the transaction of all business and the carrying out of the duties of the board. Each member shall subscribe to the oath of office prescribed for state officers. No member shall receive any salary, but each member shall receive per diem compensation as authorized in Section 25-3-69, and shall be reimbursed for expenses in the manner and amount specified in Section 25-3-41.
* * *
SECTION 13. (1) The State Forestry Commission shall be the State Board of Registration for Foresters and shall retain all powers and duties granted by law to the State Board of Registration for Foresters. The State Board of Registration for Foresters shall transfer all powers, duties, employees, equipment, building facilities, inventory, funds and resources to the commission.
(2) Wherever the terms "State Board of Registration for Foresters" or "board" appear in any law, the same shall be construed to mean the State Forestry Commission.
SECTION 14. Section 73-36-3, Mississippi Code of 1972, is amended as follows:
73-36-3. As used in this chapter the following words and phrases shall include the meanings ascribed in this section unless the context clearly requires a different meaning:
(a) The term "person" means a natural person.
(b) The term "forester" means a person who, by reason of his knowledge of the natural sciences, mathematics, economics and the principles of forestry, and by his demonstrated skills acquired through professional forestry education as set forth in Section 73-36-21, is qualified to engage in the practice of forestry and who also has been duly registered and holds a current valid license issued by the board.
(c) The term "registered forester" means a person who has been registered and licensed pursuant to this chapter.
(d) The term "practice of forestry" means any professional forestry service including, but not limited to, consultation, investigation, evaluation, valuation, planning, recommending silvicultural or harvesting practices or responsible supervision of any forestry activities in connection with any public or private lands wherein the public welfare and property are concerned or involved when such professional services require the application of forestry principles, knowledge and data.
(e) The term "board" means the State Forestry Commission.
(f) The term "commission" means the State Forestry Commission.
SECTION 15. Section 73-36-9, Mississippi Code of 1972, is amended as follows:
73-36-9. (1) There is hereby created the State Advisory Board of Registration for Foresters of the State of Mississippi for the purposes of safeguarding forests by regulating the practice of forestry and requiring that persons practicing or offering to practice forestry to be registered. The board shall be composed of seven (7) members appointed by the Governor with the advice and consent of the Senate. One (1) member shall be appointed from each of the six (6) forestry commission districts as constituted on January 1, 1999, and one (1) member shall be appointed at large. The State Forester of Mississippi shall serve as an ex officio member of the board. Each of the members shall be a forester within the meaning of this chapter with at least three (3) years' experience in such field, and a resident and citizen of the State of Mississippi at the time of his appointment. Within thirty (30) days after the passage of this chapter, the Governor shall appoint the members, designating a term of office of one (1), two (2), three (3), four (4) or five (5) years for each of the members as appointed; provided, however, two (2) members shall serve a term of one (1) year and two (2) shall serve a term of four (4) years. As the terms of office of the members so appointed expire, successors shall be appointed for terms of five (5) years. Any vacancy occurring in the membership of the board shall be filled by the Governor for the unexpired term. The Governor shall have the right, upon the approval of a majority of the board, to remove any members of the board for inefficiency, neglect of duty or dishonorable conduct.
(2) The powers of the advisory board are advisory only and it is the duty of the board to advise the commission on matters within the jurisdiction of the board.
SECTION 16. Section 73-36-17, Mississippi Code of 1972, is amended as follows:
73-36-17. Each member of the advisory board shall receive per diem compensation as authorized by Section 25-3-69, and shall be reimbursed for such other expenses at the same rate and under the same conditions as provided for public officers and employees in Section 25-3-41. The commission shall pay for all expenses incurred by the advisory board, including clerical help as may be needed, if itemized statements of the expenses are first approved by order of the advisory board entered on its minutes. The advisory board shall not expend in any fiscal year more monies than the amount of fees collected. All fees shall be paid to the commission and the commission shall deposit all monies received under this chapter in the State Treasury. All such monies shall be kept in a special fund in the State Treasury known as the "State Board of Registered Foresters Fund" and shall be used for the administration of this chapter. The funds shall not lapse at the end of each year. All expenditures from the fund shall be by requisition to the Executive Director of the Department of Finance and Administration * * *. The secretary of the board shall be under a surety bond in the penal sum of Five Thousand Dollars ($5,000.00) with a surety company authorized to do business in this state, the bond to be conditioned for the faithful performance of his duties, and the fee shall be paid by the board.
SECTION 17. Section 73-36-19, Mississippi Code of 1972, is amended as follows:
73-36-19. (1) The commission shall have the following powers and duties:
(a) To adopt rules and regulations governing the holding of its meetings, hearings, applications for licenses and any and all other duties provided by this chapter.
(b) To establish and promulgate standards of practice and a code of ethics for registered foresters and provide for the enforcement thereof.
(c) To establish minimum requirements for professional continuing education.
(d) To prepare a biennial roster showing the names, business addresses and such other information as the board may deem necessary of all foresters registered under this chapter, and to provide copies to the registered foresters and the public. A copy of the roster shall be filed with the Secretary of State of the State of Mississippi on or before April 1 in the year such roster is prepared.
(e) To issue, suspend or revoke licenses and to take all actions necessary.
(2) At any hearing before the commission, the State Forester or his designee may administer oaths to witnesses appearing before the commission. If any person shall refuse to testify or to produce any books, papers or documents, the commission may present its petition to any court of competent jurisdiction within the state setting forth the facts, and then the court, in a proper case, may issue its subpoena to the person requiring his attendance before the court and to testify or to produce such books, papers and documents as may be deemed necessary and pertinent thereto. Any person failing or refusing to obey the subpoena of the court may be proceeded against in the same manner as for refusal to obey any other subpoena of the court.
(3) The commission shall keep a record of its proceedings and a register of all applications for registration. The register shall show the name, age and residence of each applicant, the date of the application and the commission's action on the application and any other information as may be deemed necessary by the commission. The commission shall submit an annual report to the Governor and a report to the regular session of the Legislature. The report to the Legislature shall include a financial statement of the transactions of the commission during the year.
SECTION 18. Section 49-19-3, Mississippi Code of 1972, is amended as follows:
49-19-3. The duties and powers of the commission shall be:
(a) To appoint a State Forester, who shall serve at the will and pleasure of the commission and who is qualified to perform the duties as set forth herein; and to pay him such salary as is provided by the Legislature, and allow him such office expenses incidental to the performance of his official duties as the commission, in its discretion, may deem necessary; and to charge him with the immediate direction and control, subject to the supervision and approval of the commission, of all matters relating to forestry as authorized herein. Any person appointed by the commission 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.
(b) 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.
(c) 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.
(d) 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, which the commission, in its discretion, may deem proper.
(e) 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.
(f) 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 to the commission 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.
(g) To control the expenditure of any and all funds appropriated or otherwise made available for the several purposes set forth herein under suitable regulations and restrictions by the commission and to specifically authorize any officer or employee of the commission to incur necessary and stipulated expenses in connection with the work in which such person may be engaged.
(h) 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.
(i) To create, establish and organize the State of Mississippi into forestry districts for the most effective and efficient administration of the commission.
(j) To appoint, upon the State Forester's recommendation, six (6) individuals who shall be designated Mississippi Forestry Commission Law Enforcement Officers with authority to bear arms, investigate and make arrests; however, the law enforcement duties and authority of the officers shall be limited to woods arson. The officers shall comply with applicable minimum educational and training standards for law enforcement officers. These officers may issue citations for any violation of those laws for recklessly or with gross negligence causing fire to burn the lands of another. A citation issued by a Forestry Commission law enforcement officer shall be issued on a uniform citation form consisting of an original and at least two (2) copies. Such citation shall show, among other necessary information, the name of the issuing officer, the name of the court in which the cause is to be heard and the date and time the person charged with a violation is to appear to answer the charge. The uniform citation form shall make a provision on it for information that will constitute a complaint charging the offense for which the citation was issued and, when duly sworn to and filed with a court of competent jurisdiction, prosecution may proceed under that complaint. For the purposes of this paragraph, the fact that any person is found to have a brush or debris pile or other material which is or was being burned and reasonable and prudent efforts were not taken to prevent the spread of the fire onto the lands of another shall be evidence that such person recklessly or with gross negligence caused the land to burn.
This paragraph shall stand repealed on June 30, 2011.
(k) To discharge such duties, responsibilities and powers necessary to accomplish and implement the Forestry Inventory and Strategic Planning Act under Section 49-19-401 et seq.
(l) To discharge the duties, responsibilities and powers necessary to implement the transfer of the State Board of Registration for Foresters to the commission.
SECTION 19. Section 49-19-19, Mississippi Code of 1972, which provides for free commercial tree seedlings for farm owners, is repealed.
SECTION 20. Section 49-19-27, Mississippi Code of 1972, which creates the tree seedling revolving fund, is repealed.
SECTION 21. Section 49-19-31, Mississippi Code of 1972 which created a joint forestry study committee, is repealed.
SECTION 22. This act shall take effect and be in force from and after July 1, 2010.