MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary B
By: Representatives Bain, Reynolds
AN ACT TO AMEND SECTIONS 75-44-71 AND 75-45-315, MISSISSIPPI CODE OF 1972, TO INCREASE THE PENALTIES IMPOSED UPON GRAIN WAREHOUSES FOR VIOLATIONS OF THE "MISSISSIPPI GRAIN WAREHOUSE LAW," AND GRAIN DEALERS FOR VIOLATIONS OF THE "MISSISSIPPI GRAIN DEALERS LAW OF 1978"; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 75-44-71, Mississippi Code of 1972, is amended as follows:
75-44-71. (1) Any person
who issues a warehouse receipt for grain without holding a valid grain
warehouse license or who commits any willful violation of any provision of this
chapter, shall be guilty of a felony, and upon conviction thereof, punishable
by a fine of not more than * * * Forty Thousand
Dollars ($40,000.00) and/or imprisonment for not more than * * * ten (10) years.
(2) Any unintentional or
negligent violation of this chapter shall be a misdemeanor, and upon conviction
thereof, punishable by a fine of not more than * * * Ten Thousand
Dollars ($10,000.00) and/or imprisonment for not more than * * * two (2) years.
SECTION 2. Section 75-45-315, Mississippi Code of 1972, is amended as follows:
75-45-315. (1) Any person
who engages in business as a grain dealer without securing a license or who
does not have a valid license or is in violation of this article or the rules
and regulations promulgated thereunder, or who shall impede, obstruct, hinder
or otherwise prevent or attempt to prevent the commissioner or his duly
authorized agent in performance of his duty in connection with this article or
its rules and regulations, or any grain dealer who refuses to permit inspection
of his premises, books, accounts or records as provided in this article shall,
upon conviction thereof, be guilty of a misdemeanor and be punished by a fine
of not less than * * * Two Hundred Dollars ($200.00) nor
more than * * * One Thousand Dollars ($1,000.00) for the
first violation, and not less than * * * Four Hundred Dollars
($400.00) nor more than * * * Two Thousand
Dollars ($2,000.00) for each subsequent violation or imprisoned in a penal
institution other than the state penitentiary for not more than * * * one (1) year, or both. In
case of a continuing violation or violations, each day and each violation
occurring constitutes a separate and distinct offense.
(2) It shall be the duty of the Attorney General to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the commissioner reports a violation for prosecution he may give the grain dealer an opportunity to present his views at an informal hearing.
(3) The commissioner may apply for and the circuit court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rules and regulations promulgated under the article notwithstanding the existence of other remedies at law. Any such injunction is to be issued without notice and without bond.
(4) The commissioner may apply for, and the appropriate chancery court may grant, a temporary or permanent injunction restraining a grain dealer from disposing of any grain owned, in whole or in part, or held, or in his possession, whether owned in whole or in part, or from anyone removing any grain in which the grain dealer or producers from which he has purchased grain have an interest, in violation of any of the provisions of this article. Such injunction is to be issued without notice and without bond.
SECTION 3. This act shall take effect and be in force from and after July 1, 2022.