reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI GULF REGION UTILITY ACT (§§ 49-17-701 — 49-17-775) › Section 49-17-751 - Public Service Commission notice

(1)
Notwithstanding the provisions of Sections
77-3-21
and
77-3-23
, Mississippi Code of 1972, the certificate of public convenience and necessity held by any municipality, public agency, district, public utility or other person authorized by law to provide water, sewer and wastewater services may be cancelled and its powers, duties and responsibilities transferred to the county authority in the manner provided by this section.
(2)
Any entity described in subsection (1) of this section desiring to have its certificate of public convenience and necessity cancelled and its powers, duties and responsibilities transferred to the county authority shall make a determination to that effect on its official minutes if a public entity, or by affidavit if not a public entity, and transmit such determination to the county authority.
(3)
Upon receipt of the document evidencing such determination from an entity to transfer its powers, duties and responsibilities to the county authority, the county authority shall, by resolution, declare whether it is willing and able to accept such transfer from the entity.
(4)
Upon completion of the requirements of subsections (2) and (3) herein and agreement by both parties to the transfer, the holder of the certificate of public convenience and necessity and the county authority shall jointly petition the Public Service Commission to cancel the certificate of public convenience and necessity. The petition must be accompanied by copies of the official minutes, affidavit or resolution, as the case may be, reflecting the actions of the petitioners. After review of the petition and any other evidence as the Public Service Commission deems necessary, the commission may issue an order canceling the certificate and transferring to the county authority the powers, duties and responsibilities granted by the certificate, including all assets and debts of the transferor petitioner related to such certificated services, real or personal, or both, if it finds that:
(a)
Subsections (2) and (3) of this section have been complied with; and
(b)
Such action is in the public interest.
(5)
The county authority and providers of water, sewer, wastewater and storm water services that are not holders of a certificate of a public convenience and necessity from the Public Service Commission may enter into agreements for the provision of such services, including, but not limited to, the transfer to the county authority of such provider's powers, duties, responsibilities, assets and debts.
Laws, 2006, ch. 546, § 26, eff. 4/18/2006.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI GULF REGION UTILITY ACT (§§ 49-17-701 — 49-17-775) › Section 49-17-753 - Validation of prior indebtedness

(1)
Any system of a municipality, public agency or person that becomes subject to the jurisdiction of a county authority and this act shall not impair, invalidate or abrogate any liens, bonds or other certificates of indebtedness related to water, storm water or wastewater facilities and systems incurred prior to becoming subject to the jurisdiction of the county authority.
(2)
The county authority may do and perform any and all acts necessary, convenient or desirable to ensure the payment, redemption or satisfaction of such liens, bonds or other certificates of indebtedness.
Laws, 2006, ch. 546, § 27, eff. 4/18/2006.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI GULF REGION UTILITY ACT (§§ 49-17-701 — 49-17-775) › Section 49-17-757 - Bonds of county authority

(1)
Refunding bonds. -
The county authority may, by resolution adopted by its board of directors, issue refunding bonds for the purpose of paying any of its bonds at or prior to maturity or upon acceleration or redemption. Refunding bonds may be issued at such time prior to the maturity or redemption of the refunded bonds as the board of directors deems to be in the public interest, without an election on the question of the issuance thereof. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium thereon, any interest accrued or to accrue to the date of payment of such bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded, and such reserves for debt service or other capital or current expenses from the proceeds of such refunding bonds as may be required by the resolution, trust indenture or other security instruments. The issue of refunding bonds, the maturities and other details thereof, the security therefor, the rights of the holders and the rights, duties and obligations of the county authority in respect of the same shall be governed by the provisions of this act relating to the issue of bonds other than refunding bonds insofar as the same may be applicable. Any such refunding may be effected, whether the obligations to be refunded shall have then matured or shall thereafter mature, either by the exchange of the refunding bonds for the obligations to be refunded thereby with the consent of the holders of the obligations so to be refunded, or by sale of the refunding bonds and the application of the proceeds thereof to the payment of the obligations proposed to be refunded thereby, and regardless of whether the obligations proposed to be refunded shall be payable on the same date or different dates or shall be due serially or otherwise.
(2)
Interim notes. -
Borrowing by the county authority may be made by the delivery of interim notes to any person or public agency or financial institution by a majority vote of the board of directors.
Laws, 2006, ch. 546, § 29, eff. 4/18/2006.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI GULF REGION UTILITY ACT (§§ 49-17-701 — 49-17-775) › Section 49-17-759 - Validation of bonds

All bonds (other than refunding bonds, interim notes and certificates of indebtedness, which may be validated) issued pursuant to this act shall be validated as now provided by law in Sections
31-13-1
through
31-13-11
, Mississippi Code of 1972; however, notice of such validation proceedings shall be addressed to the citizens of the respective public agencies (a) which have contracted with the county authority pursuant to this act, and (b) whose contracts and the payments to be made by the public agencies thereunder constitute security for the bonds of such county authority proposed to be issued, and that such notice shall be published at least once in a newspaper or newspapers having a general circulation within the geographical boundaries of each of the contracting public agencies to whose citizens the notice is addressed. Such validation proceedings shall be instituted in any chancery courts within the boundaries of the county authority. The validity of the bonds so validated and of the contracts and payments to be made by the public agencies thereunder constituting security for the bonds shall be forever conclusive against the county authority and the public agencies which are parties to said contracts; and the validity of said bonds and said contracts and the payments to be made thereunder shall never be called in question in any court in this state.
Laws, 2006, ch. 546, § 30, eff. 4/18/2006.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI GULF REGION UTILITY ACT (§§ 49-17-701 — 49-17-775) › Section 49-17-761 - Payment of bonds

Bonds issued under the provisions of this act shall not be deemed to constitute, within the meaning of any constitutional or statutory limitation, an indebtedness of the county authority. Such bonds shall be payable solely from the revenues or assets of the county authority pledged therefor. Each bond issued under this act shall contain on the face thereof a statement to the effect that such county authority shall not be obligated to pay the same nor the interest thereon except from the revenues or assets pledged therefor.
Laws, 2006, ch. 546, § 31, eff. 4/18/2006.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI GULF REGION UTILITY ACT (§§ 49-17-701 — 49-17-775) › Section 49-17-765 - Appointment of trustee to represent bond owners; appointment of receiver

The county authority may, in any authorizing resolution of the board of directors, trust indenture or other security instrument relating to its bonds issued pursuant to this act, provide for the appointment of a trustee who shall have such powers as are provided therein to represent the registered owners of any issue of bonds in the enforcement or protection of their rights under any such resolution, trust indenture or security instrument. The county authority may also provide in such resolution, trust indenture or other security instrument that the trustee, or in the event that the trustee so appointed shall fail or decline to so protect and enforce such registered owners' rights then such percentage of registered owners as shall be set forth in, and subject to the provisions of, such resolution, trust indenture or other security interest, may petition the court of proper jurisdiction for the appointment of a receiver of the county authority's systems, the revenues of which are pledged to the payment of the principal of and interest on the bonds of such registered owners. Such receiver may exercise any power as may be granted in any such resolution, trust indenture or security instrument to enter upon and take possession of, acquire, construct or reconstruct or operate and maintain such system, fix charges for services of the system and enforce collection thereof, and receive all revenues derived from such system or facilities and perform the public duties and carry out the contracts and obligations of such county authority in the same manner as such county authority itself might do, all under the direction of such court.
Laws, 2006, ch. 546, § 33, eff. 4/18/2006.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI GULF REGION UTILITY ACT (§§ 49-17-701 — 49-17-775) › Section 49-17-767 - Exemption of county authority from taxes and fees; bonds to be free from taxation; exceptions

(1)
The exercise of the powers granted by this act will be in all respects for the benefit of the people of the state, for their well-being and prosperity and for the improvement of their social and economic conditions, and the county authority shall not be required to pay any tax or assessment on any property owned by the county authority under the provisions of this act or upon the income therefrom; nor shall the county authority be required to pay any recording fee or transfer tax of any kind on account of instruments recorded by it or on its behalf.
(2)
Any bonds issued by the county authority under and pursuant to the provisions of this act, their transfer and the income therefrom shall at all times be free from taxation by the state or any local unit or political subdivision or other instrumentality of the state, excepting inheritance and gift taxes.
Laws, 2006, ch. 546, § 34, eff. 4/18/2006.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI GULF REGION UTILITY ACT (§§ 49-17-701 — 49-17-775) › Section 49-17-769 - Bonds as legal investments and securities

All bonds issued under the provisions of this act shall be legal investments for trustees, other fiduciaries, savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi; and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of the state and all municipalities and other political subdivisions thereof for the purpose of securing the deposit of public funds.
Laws, 2006, ch. 546, § 35, eff. 4/18/2006.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI GULF REGION UTILITY ACT (§§ 49-17-701 — 49-17-775) › Section 49-17-771 - Rights and powers of county authority to remain unchanged while bonds are outstanding and unpaid

The state hereby covenants with the registered owners of any bonds of any county authority that so long as the bonds are outstanding and unpaid the state will not limit or alter the rights and powers of any county authority under this act to conduct the activities referred to herein in any way pertinent to the interests of the bondholders, including, without limitation, such county authority's right to charge and collect rates, fees, assessments and charges and to fulfill the terms of any covenants made with the registered owners of the bonds, or in any other way impair the rights and remedies of the registered owners of the bonds, unless provision for full payment of such bonds, by escrow or otherwise, has been made pursuant to the terms of the bonds or the resolution, trust indenture or security interest securing the bonds.
Laws, 2006, ch. 546, § 36, eff. 4/18/2006.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 17 - POLLUTION OF WATERS, STREAMS, AND AIR (§§ 49-17-1 — 49-17-775) › MISSISSIPPI GULF REGION UTILITY ACT (§§ 49-17-701 — 49-17-775) › Section 49-17-775 - Severability of provisions

If any clause, sentence, paragraph, section or part of the provisions of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof directly involved in the controversy in which such judgment shall have been rendered.
Laws, 2006, ch. 546, § 38, eff. 4/18/2006.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 18 - MISSISSIPPI LIABILITY OF PERSONS RESPONDING TO OIL SPILLS ACT (§§ 49-18-1 — 49-18-5) › Section 49-18-1 - Short title

This chapter may be cited as the Mississippi Liability of Persons Responding to Oil Spills Act.
Laws, 1991, ch. 582, § 1, eff. 4/12/1991.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 18 - MISSISSIPPI LIABILITY OF PERSONS RESPONDING TO OIL SPILLS ACT (§§ 49-18-1 — 49-18-5) › Section 49-18-3 - Definitions

For the purposes of this chapter the term:
(a)
"Damages" means damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or related to the discharge or threatened discharge of oil;
(b)
"Discharge" means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying or dumping;
(c)
"Federal on-scene coordinator" means the federal official predesignated by the U.S. Environmental Protection Agency or the U.S. Coast Guard to coordinate and direct federal responses under subpart D, or the official designated by the lead agency to coordinate and direct removal under subpart E, of the National Contingency Plan;
(d)
"National Contingency Plan" means the National Contingency Plan prepared and published under Section 311(d) of the Federal Water Pollution Control Act (33 USCS 1321(d)), as amended by the Oil Pollution Act of 1990, Pub.L. No. 101-380, 104 Stat. 484 (1990);
(e)
"Oil" means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes other than dredged spoil; but does not include petroleum, including crude oil or any fraction thereof, which is specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 USCS 9601) and which is subject to the provisions of that act;
(f)
"Person" means an individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, or any interstate body;
(g)
"Removal costs" means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize or mitigate oil pollution from such an incident;
(h)
"Responsible party" means a responsible party as defined under Section 1001 of the Oil Pollution Act of 1990, Pub.L. No. 101-380, 104 Stat. 484 (1990).
Laws, 1991, ch. 582, § 2, eff. 4/12/1991.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 18 - MISSISSIPPI LIABILITY OF PERSONS RESPONDING TO OIL SPILLS ACT (§§ 49-18-1 — 49-18-5) › Section 49-18-5 - Liability of persons for oil spill response consistent with National Contingency Plan or on-scene directions

(1)
Notwithstanding any other provision of law, a person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance or advice consistent with the National Contingency Plan or as otherwise directed by the federal on-scene coordinator or by the state official with responsibility for oil spill response.
(2)
Subsection (1) does not apply:
(a)
To a responsible party;
(b)
To personal injury or wrongful death; or
(c)
If the person is grossly negligent or engages in willful misconduct.
(3)
A responsible party is liable for any removal costs and damages that another person is relieved of under subsection (1).
(4)
Nothing in this section affects the liability of a responsible party for oil spill response under state law.
Laws, 1991, ch. 582, § 3, eff. 4/12/1991.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › IN GENERAL (§§ 49-19-1 — 49-19-33) › Section 49-19-1 - State forestry commission; membership; compensation; organization

(1)
There shall be a State Forestry Commission composed of ten (10) 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 or her 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.
(2)
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.
(3)
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.
(4)
The commission shall elect from its membership a chair, who shall preside over meetings, and a vice chair, who shall preside in the absence of the chair or when the chair is excused.
(5)
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 of 1890 and shall enter into a 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.
(6)
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.
Codes, 1930, § 6164; 1942, § 6022; Laws, 1926, ch. 161; Laws, 1964, ch. 241, §§ 1, 2; Laws, 1966, ch. 276, § 1; Laws, 1973, ch. 359, § 1; Laws, 1980, ch. 560, § 24; Laws, 1981, ch. 305, § 1; Laws, 1997, ch. 597, § 1; Laws, 2006, ch. 571, § 3, eff. 7/1/2006.
Amended by Laws, 2018, ch. 395, HB 1096,§ 7, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › IN GENERAL (§§ 49-19-1 — 49-19-33) › Section 49-19-5 - Acquisition and disposal of property

The State Forestry Commission is hereby authorized and empowered to 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.
Notwithstanding any other provision of law, the commission, and county foresters who are employed by the commission, is authorized to electronically accept bids for timber sales.
The commission is also authorized to sell, rent, lease, and dispose of any property acquired by the commission, 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 commission is hereby authorized to use this fund for the replacement, repairs, and upkeep of any property authorized to be acquired and owned under this section.
Codes, 1942, § 6023-01; Laws, 1944, ch. 223, § 1; Laws, 1962, ch. 212; Laws, 1993, ch. 615, § 6, eff. 7/1/1993.
Amended by Laws, 2024, ch. 389, HB 299,§ 1, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › IN GENERAL (§§ 49-19-1 — 49-19-33) › Section 49-19-9 - Fire protection services for Choctaw Indian lands

(1)
The State Forestry Commission 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 State Forestry Commission is authorized to accept from the Choctaw Agency adequate compensation for fire detection and suppression, which sum may be used by the forestry commission in its fire protection work.
Codes, 1942, § 6023-11; Laws, 1964, ch. 242, §§ 1, 2; Laws, 1989, ch. 514, § 1, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › IN GENERAL (§§ 49-19-1 — 49-19-33) › Section 49-19-11 - Land adjacent to protective areas, etc

The State Forestry Commission 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 State Forestry Commission; provided such expenditures are not greater per acre in any year than the expenditures by the commission on account of the protection of any other lands than that owned by the State of Mississippi.
The provisions of 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 State Forestry Commission.
It is hereby made the duty of all agents and employees of the State Forestry Commission to report to the commission any timber or other trespass discovered by such agent or employees on state owned lands giving detailed information thereof in such report.
Codes, 1942, § 6041; Laws, 1936, ch. 223; Laws, 1989, ch. 514, § 2, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › IN GENERAL (§§ 49-19-1 — 49-19-33) › Section 49-19-13 - Part of severance tax may be donated by county

The boards of supervisors of the several counties are hereby authorized, in their discretion, to appropriate and pay to the state forestry commission from the general fund of the county each year a sum of money not exceeding twenty-five per cent of the forest severance tax received by the county the preceding year. Such money so appropriated shall be used by the state forestry commission for forestry work and protection in such county.
Codes, 1942, § 6043; Laws, 1942, ch. 220.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › IN GENERAL (§§ 49-19-1 — 49-19-33) › Section 49-19-15 - Appropriations

The state forestry fund when made available by proper appropriation by the Legislature, shall be expended by the commission in carrying out and enforcing all laws pertaining to the protection of forests as the commission may direct, the vouchers to be drawn and paid as by other departments of the state.
Codes, 1930, § 6171; 1942, § 6028; Laws, 1926, ch. 161.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › IN GENERAL (§§ 49-19-1 — 49-19-33) › Section 49-19-17 - Study of forestry in schools and colleges

The state and county boards of public education are directed to provide for proper courses of instruction by textbooks, or lectures on the general subject of forestry in all the public schools and colleges of this state; and they are further directed to provide for the celebration of arbor day by all public schools, on which day ornamental and shade trees, flowers, etc., are to be placed, where practicable, on the grounds surrounding all public schoolhouses.
Codes, 1930, § 6167; 1942, § 6025; Laws, 1926, ch. 161.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › IN GENERAL (§§ 49-19-1 — 49-19-33) › Section 49-19-19 - Free commercial tree seedlings for farm owners and schools

(1)
To encourage better land use, to assist in controlling headwaters, to prevent soil erosion, to help increase community and individual farm incomes, and to assist schools in forest education and timber management, the Mississippi Forestry Commission is hereby authorized to produce and make available to farm owners and to schools of this state, having lands contiguous to the school site suitable for reforestation, free commercial tree seedlings not to exceed five thousand (5,000) trees per farm owner per year, and not to exceed five thousand (5,000) trees per school, providing the farm owner or owners and school trustees desiring such seedlings enter into a cooperative agreement with the state forestry commission assuring the commission of the proper planting, care, and protection of all seedlings thus furnished from fire and wasteful cutting. The minimum number of seedlings furnished any consignee under this section shall not be less than one thousand (1,000).
(2)
In its cooperative agreement, the Mississippi Forestry Commission may provide for the payment to it of a penalty of not exceeding Ten Dollars ($10.00) per thousand trees for each thousand or part thereof planted in violation of the purposes and intent of this section.
(3)
The Mississippi Forestry Commission is hereby authorized to use such funds as it may have available in carrying out the intent and purposes of this section.
Codes, 1942, § 6046-31; Laws, 1946, ch. 447, §§ 1-3.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › IN GENERAL (§§ 49-19-1 — 49-19-33) › Section 49-19-21 - How moneys contributed by government spent

All moneys 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 commission as is directed by the federal government.
Codes, 1930, § 6170; 1942, § 6027; Laws, 1926, ch. 161.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › IN GENERAL (§§ 49-19-1 — 49-19-33) › Section 49-19-23 - Federal funds; apportionment

All moneys paid to the State of Mississippi by the United States, on account of national forest lands in Mississippi, established under the provisions of the Weeks Law, so-called, being an Act of Congress, approved March 1, 1911, and amendments thereto, shall be apportioned by the state treasurer to the several counties in which such national forest lands are or may be, in proportion to the area of such national forest lands in each, as determined by the forest service of the United States Department of Agriculture.
The several sums so apportioned to each county shall be paid over by the state treasurer to the county depository within sixty (60) days after receipt thereof, and fifty percent (50%) of such funds received by the county shall be expended for the benefit of the public schools, and the remaining fifty percent (50%) of such funds shall, in the discretion of the board of supervisors, be expended for the benefit of the public roads or of the public schools of the school districts within which national forest lands may be located.
In any area affected not having a school located therein, all of such funds may be expended on roads.
In counties containing one hundred sixty thousand, two hundred fifty-three (160,253) acres of national forest lands located solely within three (3) supervisors districts, if the board of supervisors elects to apportion fifty percent (50%) of the funds so received to public roads, the funds shall be expended upon the public roads within the supervisors district or districts within which the national forest lands are located.
In counties containing one hundred sixty thousand, two hundred fifty-three (160,253) acres of national forest lands located solely within three (3) supervisors districts, that portion of the funds allocated to public schools may, within the discretion of the county school board, be expended for the public schools within the county wherein the national forest lands are located.
In any county wherein there is located a national forest traversed by the Chickasawhay River and in which U. S. Highways 84 and 45 intersect, all such funds so received shall be expended in such manner as the board of supervisors shall determine in the public interest for the maintenance of public roads and support of the public schools.
Codes, 1942, § 6044; Laws, 1936, ch. 310; Laws, 1950, ch. 269; Laws, 1952, ch. 195; Laws, 1956, ch. 161; Laws, 1970, ch. 320, § 1, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › IN GENERAL (§§ 49-19-1 — 49-19-33) › Section 49-19-25 - Fires declared nuisances; abandoned open cisterns and wells declared nuisances; abatement

(a)
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 wilfully 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 wilfully refuse, neglect or fail to do so, any organized fire suppression agency recognized by the Mississippi Forestry Commission, 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.
(b)
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 Mississippi Forestry Commission 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 commissioner.
Codes, 1942, § 6046, Laws, 1940, ch. 219; Laws, 1970, ch. 298, § 1, eff. 3/6/1970.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › IN GENERAL (§§ 49-19-1 — 49-19-33) › Section 49-19-27 - Tree Seedling Revolving Fund; reforestation

(1)
There is created in the State Treasury a fund designated as the Tree Seedling Revolving Fund. The State Forestry Commission shall use the fund to contract for the production or purchase of tree seedlings, for resale to Mississippi landowners for reforestation.
(2)
The Tree Seedling Revolving Fund shall be funded by monies received from the sale of contract seedlings to Mississippi landowners. Monies collected from the sales shall be deposited into the Tree Seedling Revolving Fund. The State Treasurer shall make disbursements for payment of production or purchase of seedlings upon requisition by the Forestry Commission and upon the issuance of warrants by the Department of Finance and Administration.
(3)
The Tree Seedling Revolving Fund is created to supplement the State Forestry Commission's seedling production capacity and not for its replacement.
Laws, 1987, ch. 351; reenacted and amended, Laws, 1994, ch. 648, § 1; Laws, 2000, ch. 320, § 1, eff. 4/8/2000.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › IN GENERAL (§§ 49-19-1 — 49-19-33) › Section 49-19-31 - Joint Study Committee on Forestry

(1)
There is hereby created a Joint Study Committee on Forestry in Mississippi. The committee shall study and make recommendations, including recommended legislation regarding the Forestry Commission, coordination of forestry policy, the coordination of overlapping conservation practices by state agencies, the seedling shortage and other matters related to the forestry industry.
(2)
The committee shall be composed of the following members:
(a)
The Chairman of the Senate Forestry Committee, Chairman of the Senate Agriculture Committee, and two (2) members of the forestry committee appointed by the Lieutenant Governor.
(b)
The Chairman of the House Agriculture Committee and three (3) members of the agriculture committee appointed by the Speaker of the House of Representatives.
(c)
The Chairman of the Senate Forestry Committee and the Chairman of the House Agriculture Committee shall serve as co-chairs of the committee.
(3)
The members of the joint committee shall be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session and shall obtain the approval of their respective management committees for per diem and travel expense expenditures of the committee.
(4)
The committee shall utilize clerical and legal staff employed by the Legislature and may utilize any assistance made available to it by any state agency.
(5)
Upon presentation of its final report the committee shall be dissolved.
Laws, 1997, ch. 597, § 2, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › IN GENERAL (§§ 49-19-1 — 49-19-33) › Section 49-19-33 - Southern Regional Fire Training Center renamed the Richard (Dick)

The Southern Regional Fire Training Center Building located in Pearl, Mississippi, shall be renamed the Richard (Dick) Allen Building. The Department of Finance and Administration shall prepare or have prepared a distinctive plaque, to be placed in a prominent place within the Richard (Dick) Allen Building which states the background, accomplishments and service to Mississippi of Richard Allen as Executive Director of the State Forestry Commission.
Laws, 2007, ch. 317, § 1, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FOREST HARVESTING (§ 49-19-51) › Section 49-19-51 - through 49-19-77 - [Repealed]

Repealed by Laws, 2017, ch. 310, SB 2835, 1, eff. 3/9/2017.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FORESTRY EDUCATION, TIMBER MANAGEMENT AND FOREST FIRE CONTROL (§§ 49-19-111 — 49-19-117) › Section 49-19-111 - Promotion of forestry education, timber management and forest fire control

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 State Forestry Commission is hereby authorized to carry out the provisions of Sections
49-19-111
through
49-19-117
.
Codes, 1942, § 6046-01; Laws, 1944, ch. 238, § 1; Laws, 1989, ch. 514, § 3, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FORESTRY EDUCATION, TIMBER MANAGEMENT AND FOREST FIRE CONTROL (§§ 49-19-111 — 49-19-117) › Section 49-19-113 - Forestry districts and areas to be created

In order to carry out further the program herein authorized, the state forestry commission be and it is hereby authorized to organize, divide or set up forest districts and areas throughout the state, which 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 commission 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 commission shall deem necessary.
Codes, 1942, § 6046-03; Laws, 1944, ch. 238, § 3; Laws, 1952, ch. 200.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FORESTRY EDUCATION, TIMBER MANAGEMENT AND FOREST FIRE CONTROL (§§ 49-19-111 — 49-19-117) › Section 49-19-115 - Forest acreage tax

(1)
The boards 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 State Forestry Commission 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 boards 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:
Increase
Total Acreage 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.
(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.
Codes, 1942, § 6046-04; Laws, 1932, ch. 310; Laws, 1944, ch. 238, § 4; Laws, 1950, ch. 210; Laws, 1944, ch. 238, § 4; Laws, 1954, ch. 179; Laws, 1960, ch. 204; Laws, 1980, ch. 459; Laws, 1984, ch. 453, § 21; Laws, 1989, ch. 514, § 4; Laws, 1996, ch. 490, § 1; Laws, 2002, ch. 387, § 1; Laws, 2003, ch. 523, § 2; Laws, 2006, ch. 599, § 1; Laws, 2008, ch. 334, § 1; Laws, 2012, ch. 417, § 1, eff. 6/30/2012.
Amended by Laws, 2020, ch. 392, HB 684,§ 1, eff. 6/29/2020.
Amended by Laws, 2016, ch. 319, SB 2321, 1, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › FORESTRY EDUCATION, TIMBER MANAGEMENT AND FOREST FIRE CONTROL (§§ 49-19-111 — 49-19-117) › Section 49-19-117 - Use of funds by State Forestry Commission

(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 Forestry Commission as the commission may deem necessary in carrying out the purpose and intent of Sections
49-19-111
through
49-19-117
.
(2)
The State Forestry Commission 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 State Forestry Commission 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 State Forestry Commission 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.
Codes, 1942, § 6046-05; Laws, 1944, ch. 238, §§ 5-7 (a-c, supra); Laws, 1952, ch. 201 (b, supra); Laws, 1962, ch. 211; Laws, 1973, ch. 369, § 1; Laws, 1982, ch. 348; Laws, 1984, ch. 495, § 22; reenacted and amended, Laws, 1985, ch. 474, § 16; Laws, 1986, ch. 438, § 34; Laws, 1987, ch. 483, § 35; Laws, 1988, ch. 442, § 32; Laws, 1989, ch. 514, § 5; Laws, 1989, ch. 537, § 31; Laws, 1990, ch. 518, § 32; Laws, 1991, ch. 618, § 32; Laws, 1992, ch. 491 § 34, eff. 5/12/1992.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › SOUTH CENTRAL INTERSTATE FOREST FIRE COMPACT (§§ 49-19-141 — 49-19-149) › Section 49-19-143 - When compact effective

When the governor shall have executed said compact on behalf of this state and shall have caused a verified copy thereof to be filed with the state secretary, and when the compact shall have been ratified by one or more of the states named in Section
49-19-141
, then the compact shall become operative and effective as between this state and such other state or states. The governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents as between this state and any other state ratifying the compact.
Codes, 1942, § 6046-42; Laws, 1954, ch. 181, § 2.
Mississippi Code 1972 (2023) › Title 49 - CONSERVATION AND ECOLOGY (§§ 49-NEW-001 — 49-39-7) › Chapter 19 - FORESTS AND FOREST PROTECTION (§§ 49-19-1 — 49-19-409) › SOUTH CENTRAL INTERSTATE FOREST FIRE COMPACT (§§ 49-19-141 — 49-19-149) › Section 49-19-145 - State forester as compact administrator

The state forester of Mississippi shall act as "compact administrator" for the State of Mississippi and represent Mississippi in the South Central Interstate Forest Fire Protection Compact. The "advisory committee" shall be composed of four (4) members as follows:
(1)
One member of the senate,
(2)
one member of the house of representatives, each of whom shall be appointed by the Mississippi Commission on Interstate Cooperation,
(3)
the state forester or his successor, or a comparable official, in the event of amendment to the present law, who shall be appointed by the governor and shall serve as chairman of the advisory committee, and
(4)
one member who shall be associated with forestry or forest products industries, to be appointed by the governor; each member shall serve for a term of four (4) years and be eligible to immediately succeed himself.
Codes, 1942, § 6046-43; Laws, 1954, ch. 181, § 3.