Bill Text: MS HB312 | 2021 | Regular Session | Enrolled
Bill Title: Central Market Board; abolish and transfer functions of to the Mississippi Department of Agriculture and Commerce.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2021-03-17 - Approved by Governor [HB312 Detail]
Download: Mississippi-2021-HB312-Enrolled.html
MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Agriculture
By: Representatives Pigott, Mangold, Hopkins
House Bill 312
(As Sent to Governor)
AN ACT TO AMEND SECTION 69-7-101, MISSISSIPPI CODE OF 1972, TO ABOLISH THE CENTRAL MARKET BOARD AND TRANSFER ITS FUNCTIONS AND RESPONSIBILITIES TO THE DEPARTMENT OF AGRICULTURE AND COMMERCE; TO AMEND SECTION 69-7-109, MISSISSIPPI CODE OF 1972, TO TRANSFER POWERS OF DUTIES OF THE CENTRAL MARKET BOARD TO THE DEPARTMENT OF AGRICULTURE AND COMMERCE; TO AMEND SECTION 69-7-113, MISSISSIPPI CODE OF 1972, TO TRANSFER RECORD-KEEPING RESPONSIBILITIES FROM THE STATE MARKET TO THE DEPARTMENT OF AGRICULTURE AND COMMERCE; TO AMEND SECTION 69-7-115, MISSISSIPPI CODE OF 1972, TO TRANSFER AUTHORITY OF THE CENTRAL MARKET BOARD FOR THE ACQUISITION OF FACILITIES TO THE DEPARTMENT OF AGRICULTURE; TO AMEND SECTION 69-7-121, MISSISSIPPI CODE OF 1972, TO TRANSFER AUTHORITY OVER THE CENTRAL MARKET FUND FROM THE CENTRAL MARKET BOARD TO THE DEPARTMENT OF AGRICULTURE; TO REPEAL SECTIONS 69-7-103, 69-7-105, 69-7-107, 69-7-111, 69-7-117 AND 69-7-119, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 69-7-101, Mississippi Code of 1972, is amended as follows:
69-7-101. The Mississippi Central Market Board is hereby abolished, and all of the powers, duties, property, contractual rights and obligations, and unexpended funds of that commission shall be transferred to the Department of Agriculture and Commerce on July 1, 2021. Wherever the term "Central Market Board" appears in any laws or regulation, the same shall mean the Department of Agriculture and Commerce, hereinafter referred to as "the department." The transfer of personnel shall be commensurate with the number and classification of positions allocated to the commission.
For the purpose of aiding,
establishing and providing proper facilities for the efficient handling of farm
and other food products in the interest of farmer, consumer, the general public
and the State of Mississippi, and to assist in the disposal and sale of such
products, there is hereby created a Mississippi * * * Farmers Market * * *, hereinafter referred to as the " * * * market" at 929 High
Street in Jackson.
SECTION 2. Section 69-7-109, Mississippi Code of 1972, is amended as follows:
69-7-109. The * * * Department of Agriculture and
Commerce shall have the power to:
(a) Fix salaries of any authorized employees of the market;
(b) Fix rentals and charges for each type of facility constructed in the market, taking into consideration the cost of such facility, the interest and amortization period required, a proper relationship between types of operators in the market, cost of operation, and the need for reasonable reserves, expansion and the like;
(c) Make investigations and hold hearings and conferences necessary to formulate and adopt a financial building and operating program for a market and make revisions from time to time;
(d) Make rules and regulations which shall govern all such business and all persons and vehicles coming upon the market;
(e) Provide and enforce penalties and liquidated damages relative to breaches of such rules and regulations and any contracts entered into;
(f) Lease the buildings and facilities to farmers, wholesale dealers, retailers and other persons engaged in the wholesale or retail marketing of perishable farm products;
(g) Determine and set the hours when the market may open and close during any day or night throughout the year;
(h) Plan, build,
construct or cause to be built or constructed, or lease any facilities, on the
grounds under the control of the * * * department,
that are deemed necessary for the successful operation of a wholesale or
retail market for farm products;
(i) Rent or lease any
necessary property, real or personal, on the grounds under the control of the * * * department for the successful
operation of the market. However, that before leasing or renting any property
for use as a filling station or the sale of similar supplies and accessories,
the * * * department
shall advertise and receive sealed bids therefor, and shall have the power to
reject any and all of such bids, or to accept the highest and best bid made
therefor, and the lessee shall erect such buildings and add such facilities as
necessary to carry out the provisions of this article at the expense of the
lessee in addition to any other monies paid as lease money to said board for
the purpose of operating a service station. Such establishment shall not be
tax exempt. No filling station shall be leased for a monthly rental less than
One Cent (1¢) per gallon for each gallon of gasoline sold;
(j) Employ an attorney as prescribed in Section 69-1-14.
The * * * department shall also have
full power and authority to rent or lease real property, on the grounds under
the control of the * * * department, not otherwise
used, for a period not to exceed twenty-five (25) years to private concerns for
the purpose of processing agricultural products, and providing such facilities
found necessary by the * * * department to carry out the purposes of this article,
and such facilities, structures, buildings, or other improvements erected or
placed thereon by private concerns shall be subject to taxation the same as
private property, provided, however, that improvements or facilities erected
thereon for processing agricultural products shall not be assessed or taxed
until five (5) years after completion of construction. The improvements and
facilities erected on said leased property shall be liable for ad valorem taxes
and shall be assessed and levied against said leasehold separately from the fee
of said lands, and upon failure to pay taxes upon same when due, said
facilities and improvements shall be sold by the tax collector as other
property is sold for the nonpayment of taxes, but only such rights of the
lessee under said lease contract shall be so sold. Upon the failure to pay
taxes promptly when due on said lease, * * * the department shall have
the power to cancel and terminate said lease immediately and shall thereupon be
authorized to lease or re-lease same to another private individual or concern
as herein provided.
The provisions hereof
regarding taxation shall not apply to those buildings, structures and
facilities erected on said property by the * * * department.
The * * * department shall
maintain or operate local market * * *.
SECTION 3. Section 69-7-113, Mississippi Code of 1972, is amended as follows:
69-7-113. The * * * Department of Agriculture
and Commerce shall keep, or have kept, records of all leases, rentals,
sales, and expense items which shall be audited as other state records are
audited and * * *
the department shall make, or cause to be made, a report of receipts and
disbursements and other information pertaining to the operations of the market
to each regular session of the Legislature.
SECTION 4. Section 69-7-115, Mississippi Code of 1972, is amended as follows:
69-7-115. The * * * Department of Agriculture and
Commerce is hereby authorized subject to the approval of the building
commission to acquire by purchase, donation, lease or condemnation, and for and
in the name of the State of Mississippi, a suitable site or sites, accessible
to highways and railroads and air terminal facilities, and to erect and install
thereon such structures, facilities, and equipment as may be necessary for the
inspection, grading, standardization, classification, refrigeration, processing
and marketing of such products (for both food and feed), within the amount
appropriated for such purposes by the Legislature and subject to the approval
of the building commission.
SECTION 5. Section 69-7-121, Mississippi Code of 1972, is amended as follows:
69-7-121. All funds
collected under this article shall be deposited in the State Treasury to the
credit of Central Market Fund and shall be used solely for payment of the
expenses of operation and maintenance of such market and facilities including
the acquisition, leasing, maintenance and operation of local farm market
facilities * * *, and
for the employment of such production and marketing personnel as will, in the
discretion of the * * * Department of Agriculture and Commerce,
more effectively promote the operation of such market, on warrants issued
according to law pursuant to payment vouchers signed by the * * * Commissioner or his designee.
SECTION 6. Section 69-7-103, Mississippi Code of 1972, which determines members of the board and terms of office, is hereby repealed.
SECTION 7. Section 69-7-105, Mississippi Code of 1972, which outlines the meetings of the board and compensation of members, is hereby repealed.
SECTION 8. Section 69-7-107, Mississippi Code of 1972, establishes the headquarters and organization of the board, is hereby repealed.
SECTION 9. Section 69-7-111, Mississippi Code of 1972, which determines the bond, duties, and compensation of the state market manager, is hereby repealed.
SECTION 10. Section 69-7-117, Mississippi Code of 1972, authorizes the management and disposition of property, is hereby repealed.
SECTION 11. Section 69-7-119, Mississippi Code of 1972, which mandates limitations on powers of the board, is hereby repealed.
SECTION 12. This act shall take effect and be in force from and after July 1, 2021.
