MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Agriculture
By: Representative Pigott
AN ACT TO AMEND SECTION 69-5-31, MISSISSIPPI CODE OF 1972, TO EXEMPT OR MAINTAIN CONFIDENTIALITY OF PERSONAL IDENTIFYING INFORMATION OF LAW ENFORCEMENT OFFICERS HIRED BY THE DEPARTMENT; TO AMEND SECTION 69-29-1, MISSISSIPPI CODE OF 1972, TO PERMIT RETIRING INVESTIGATORS TO RETAIN SIDE ARM; TO AMEND SECTION 69-42-1, MISSISSIPPI CODE OF 1972, TO DELETE REQUIREMENT FOR PRODUCTION OF ANNUAL REPORTS; TO AMEND SECTION 69-46-3, MISSISSIPPI CODE OF 1972, TO PROVIDE ADDITIONAL MEETING VENUE FOR THE MISSISSIPPI LAND, WATER AND TIMBER RESOURCES BOARD MEETINGS; TO AMEND SECTION 75-45-311, MISSISSIPPI CODE OF 1972, TO REPEAL SECTIONS 69-41-1, 69-41-3, 69-41-5, 69-41-7, 69-41-9, 69-41-11, 69-41-13 AND 69-41-19, MISSISSIPPI CODE OF 1972, WHICH ARE PROVISIONS ESTABLISHING AND GOVERNING THE ADMINISTRATION OF THE "MISSISSIPPI AGRIBUSINESS COUNCIL ACT OF 1993"; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 69-5-31, Mississippi Code of 1972, is amended as follows:
69-5-31. (1) The Department of Agriculture and Commerce is authorized to hire and designate area law enforcement officers on a contractual basis to provide security and to enforce all laws of the State of Mississippi on the Mississippi State Fairgrounds Complex. All officers must have attended and satisfactorily completed the training course required for law enforcement officers at the Law Enforcement Officer's Training Academy or an equivalent facility. All officers must be current with this certification. A complete record of all law enforcement training of each employee will be maintained in each employee's record of employment. Furthermore, the Department of Agriculture and Commerce may enter into a contract with any certified law enforcement officer to provide security to the Department of Agriculture and Commerce with jurisdiction to enforce all laws of the State of Mississippi on property known as the "Mississippi State Fairgrounds Complex" and any and all of its outlying buildings and property.
(2) (a) All officers while in performance of their duty on the premises or at any of the facilities at the Mississippi State Fairgrounds Complex under the direction or control of the Department of Agriculture and Commerce and public property immediately adjacent to such facilities shall:
(i) Be required to dress in uniforms prescribed by the respective law enforcement agency by which he or she is employed; and
(ii) Be authorized to carry weapons.
(b) Employees designated as officers shall be duly sworn and vested with authority to bear arms and make arrests, and shall exercise primarily the responsibilities of the prevention and detection of crime, the apprehension of criminals, and the enforcement of the ordinances and policies of the Department of Agriculture and Commerce, a political subdivision of the State of Mississippi. Employees designated as such officers shall be considered law enforcement officers within the meaning of Section 45-6-3.
(3) The identities and personal information of the officers under the authority of this section are confidential and shall not be publicly disclosed by the department. All contract entered under the authority of this section shall be exempt from disclosure under the Mississippi Public Records Act, prescribed under Section 25-61-1 et seq.
SECTION 2. 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 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 Commerce and to no other person or entity. Such director may be discharged only for just cause shown.
(c) The director may employ twelve (12) agricultural and livestock theft investigators. 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 * * *
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 and Commerce, including, but not limited to, all agriculture-related 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;
(j) To conduct training for law enforcement regarding laws enforced by the bureau and to assist any other law enforcement agencies in responding to matters that may be related to agriculture and commerce in the State of Mississippi and in cases of natural disasters or other disasters to respond as needed or as requested by other agencies.
(3) The Commissioner of Agriculture 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) Any director or investigator of the Agricultural and Livestock Theft Bureau who retires for superannuation or for reasons of disability under the Public Employees' Retirement System, upon his or her request, may be allowed by the commissioner to retain, as his or her personal property, one (1) side arm which issued to him or her during his or her service.
( * * *5) The Mississippi Department of
Revenue 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.
( * * *6) 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.
( * * *7) The Mississippi Forestry Commission
employees are excluded from any timber and timber products theft investigative
responsibilities except when technical expertise is needed and requested
through the State Forester or his designee.
( * * *8) 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 3. Section 69-42-1, Mississippi Code of 1972, is amended as follows:
69-42-1. (1) For the purposes of this section, the following words shall have the meanings ascribed in this section unless the context otherwise requires:
(a) "Agribusiness" means any agricultural, aquacultural, horticultural, manufacturing, research and development or processing enterprise or enterprises.
(b) "Farmer" means a resident of Mississippi who engages or wishes to engage in the commercial production of crops on land in Mississippi. The term shall include individuals, partnerships and corporations.
(2) The Mississippi Development Authority shall develop and implement a program to stimulate growth in the agricultural industry for agribusiness concerns and farmers.
(3) The program developed and implemented by the Mississippi Development Authority under this section shall:
(a) Increase the availability of financial assistance available to agribusiness concerns and farmers;
(b) Provide incentives for agribusiness concerns and farmers which will encourage growth in the Mississippi agricultural industry;
(c) Assist new agribusiness concerns and farmers in developing and implementing business plans;
(d) Develop methods for increasing markets for the goods and services of agribusiness concerns and farmers;
(e) Work with public and private entities in disseminating information about public and private programs that benefit agribusiness concerns and farmers; and
(f) Identify sources of financial assistance available to agribusiness concerns and farmers and assist agribusiness concerns and farmers with the preparation of applications for assistance from public and private sources.
* * *
SECTION 4. 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 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 Executive Director of the Mississippi Forestry Commission, 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 and Commerce shall serve as cochairmen of the board.
(4) The board shall meet at least once each calendar quarter at the call of the cochairmen. 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, or at a location to be determined by the cochairmen. 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 5. Sections 69-41-1, 69-41-3, 69-41-5, 69-41-7, 69-41-9, 69-41-11, 69-41-13 and 69-41-19, Mississippi Code of 1972, which are provisions establishing and governing the administration of the "Mississippi Agribusiness Council Act of 1993," are repealed.
SECTION 6. This act shall take effect and be in force from and after July 1, 2023.