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To: State Affairs
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Felsher
HOUSE BILL NO. 1414
AN ACT TO CREATE SECTION 29-5-2.2, MISSISSIPPI CODE OF 1972, 1
TO AUTHORIZE THE BUREAU OF BUILDING, GROUNDS AND REAL PROPERTY 2
MANAGEMENT OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO ACT 3
AS THE CENTRAL LEASING AGENT FOR ALL STATE AGENCIES THAT NEED 4
OFFICE SPACE IN ANY STATE OR NONSTATE-OWNED BUILDING AND TO 5
PRESCRIBE THOSE RESPONSIBILITIES; TO AMEND SECTIONS 29-5-2, 6
37-3-5, 41-4-7, 41-73-27, 43-13-116, 43-33-717, 45-11-7, 49-19-5, 7
51-8-29, 51-8-31, 51-9-121, 51-11-11, 51-11-13, 51-13-111, 8
51-15-119, 55-24-9, 57-1-23, 59-5-35, 59-5-39, 59-7-211, 59-17-13, 9
65-1-8, 65-1-17, 69-7-109, 69-27-35, 71-3-85, 73-7-3, 73-17-7, 10
73-39-57, 99-18-13 AND 99-39-113, MISSISSIPPI CODE OF 1972, IN 11
CONFORMITY THERETO; AND FOR RELATED PURPOSES. 12
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 13
SECTION 1. The following provision shall be codified as 14
Section 29-5-2.2, Mississippi Code of 1972: 15
29-5-2.2. (1) In enacting this section, it is the intent of 16
the Legislature that: 17
(a) The Bureau of Building, Grounds and Real Property 18
Management of the Department of Finance and Administration 19
(bureau) regulate and supervise the process of acquiring and 20
granting leasehold interests in office space for state agencies; 21
(b) State agencies be housed, whenever possible, in 22
state-owned buildings if office space is available; and 23
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(c) If such office space is unavailable, state agencies 24
be housed in the most efficient and cost-effective means possible 25
in privately owned buildings. 26
(2) This section applies to all state agencies as defined in 27
Section 31-7-1, including occupational licensure boards and 28
excepting the military department, universities and community 29
colleges. After January 1, 2027, any state agency shall: 30
(a) Obtain the bureau's approval before entering, 31
renewing, or otherwise negotiating an agreement to lease, 32
lease-purchase, or purchase a building for office space, from or 33
to any individual or entity; and 34
(b) Upon the bureau's decision and consistent with 35
subsection (4) of this section, any state agency shall execute and 36
enter an agreement to lease office space in available state-owned 37
buildings. The leases may be upon such conditions, for such 38
terms, for such rentals and may contain any other provisions as 39
determined by the bureau and the state agency involved to be 40
appropriate and in the best interests of all concerned. 41
(3) In addition to the duties conferred under Section 42
29-5-2, the bureau shall have the following powers and duties: 43
(a) To conduct all lease solicitations on behalf of all 44
state agencies for office space outside the buildings under the 45
jurisdiction of the Department of Finance and Administration; 46
(b) Upon the effective date of this act, to confirm the 47
needs of any state agency requesting office space, identify 48
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appropriate locations for such office space, negotiate the lease, 49
lease-purchase or purchase on the agency's behalf subject to 50
appropriation, and maintain records of all such leases; 51
(c) To solicit and approve a master lease of privately 52
owned buildings or parking facilities, or portions thereof, for 53
the purpose of colocating and subleasing such space to state 54
agencies or departments. Charges for such subleases shall be 55
established by the department to cover master lease costs as well 56
as all direct expenses required for the administration, operation, 57
and maintenance of such master leased buildings and shall be 58
considered pass-through costs and not rent for the purposes of 59
Section 27-104-203; 60
(d) To adopt standards for the use and allocation of 61
office space to state agencies. At a minimum, these standards 62
shall provide specifications related to a state agency's workrooms 63
or stations, private offices, conference rooms, reception areas, 64
equipment rooms, vaults, storage areas, warehouses, support office 65
spaces, and the necessary office space to ensure adequate and 66
effective circulation within and access to all state agencies, 67
including parking and traffic patterns; 68
(e) To identify opportunities for cost efficiencies by 69
recommending the consolidation of more than one (1) state agency's 70
office space within one (1) building if the bureau determines that 71
such consolidation will result in lower rental costs for such 72
agencies. In such cases of consolidation and colocation, the 73
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Department of Finance and Administration may require agencies to 74
share administrative and support staff and/or common spaces, 75
including, but not limited to, conference rooms, break areas, and 76
bathrooms; and 77
(f) To adopt a standard lease form to be used for 78
leases of office space, buildings, structures, parking lots or 79
grounds by state agencies from private individuals or entities. 80
The standard lease form shall contain (i) all terms and conditions 81
deemed necessary based on the type and purpose of the leased 82
property; (ii) such terms and conditions that are as uniform as 83
possible; and (iii) a lease term that expires on March 31, June 84
30, September 30 or December 31. 85
(4) All solicitations for space in privately owned buildings 86
for statewide offices may be restricted to include only properties 87
within the Capitol Complex Improvement District as originally 88
created in Section 2 of House Bill No. 1226, 2017 Regular Session, 89
and in all cases must allow consideration of such properties 90
unless the agency or department requires an alternate location to 91
effectively service its clients and/or interact with other 92
agencies, departments or stakeholders located outside of the 93
original Capitol Complex Improvement District boundaries. Where 94
such solicitations include both properties within and outside of 95
the original Capitol Complex District boundaries, award shall be 96
made to the lowest and best proposal within the original Capitol 97
Complex District boundaries unless such award would increase the 98
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agency's or department's current rental costs, excluding moving 99
expenses. 100
(5) Any state agency shall submit a written request for 101
leased office space to the bureau one hundred eighty (180) days 102
before the date the office space is needed. The agency's request 103
shall list the following: 104
(a) Any information required from the agency under 105
Section 27-104-7(c); 106
(b) Anticipated moving expenses; 107
(c) Positions to occupy the office space and the 108
functions of each position by state employment grade; 109
(d) Special requirements and the function of those 110
requirements; and 111
(e) Any other information that will affect the planning 112
of the office space needs and the agency's efficient operation. 113
(6) The bureau shall use a Request for Lease Proposal (RLP) 114
selection process when an agency requests to lease office space in 115
a privately owned building when state-owned office space is not 116
available. The bureau shall advertise such leasing needs through 117
its website in accordance with Section 27-104-7 and shall provide 118
RFP packages to any property owners or managers interested in 119
submitting a proposal. 120
(7) If the agency requests the lease document proposed by 121
the bureau to be reconsidered, the agency shall have an 122
opportunity to appear before the Public Procurement Review Board 123
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at the next regular meeting to explain its objections and any 124
requested modification. After hearing from the agency, the board 125
may modify the lease. 126
(8) All leases referred to in this section and all covenants 127
and agreements contained therein shall be binding in all respects 128
upon the parties thereto and their successors, and all the 129
provisions thereof shall be enforceable by mandamus and other 130
remedies provided by law. Nothing in this section shall be 131
construed to terminate or amend existing leases. 132
(9) By December 1 of each year, the Department of Finance 133
and Administration shall submit a report to the Chairmen of the 134
Public Property Committees of the Mississippi Senate and the 135
Mississippi House of Representatives containing information 136
regarding any potential savings that could result from purchasing 137
a privately owned building for the purpose of office space for a 138
state agency. 139
SECTION 2. Section 29-5-2, Mississippi Code of 1972, is 140
amended as follows: 141
29-5-2. The duties of the Department of Finance and 142
Administration shall be as follows: 143
(a) (i) To exercise general supervision and care over 144
and keep in good condition the following state property located in 145
the City of Jackson: the New State Capitol Building, the Woolfolk 146
State Office Building and Parking Garage, the Carroll Gartin 147
Justice Building, the Walter Sillers Office Building and Parking 148
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Garage, the War Veterans' Memorial Building, the Charlotte Capers 149
Building, the William F. Winter Archives and History Building, the 150
Mississippi Museum Complex, the Gulf, Mobile and Ohio Train Depot 151
(GM&O Depot), the Old State Capitol Building, the Governor's 152
Mansion, the Heber Ladner Building, the Robert E. Lee Office 153
Building, the Robert E. Lee Parking Garage, the former Naval 154
Reserve Center, 515 East Amite Street, 620 North Street, 660 North 155
Street, 700 North State Street, 350 High Street, 401 North Lamar 156
Street, 455 North Lamar Street, the State Records Center, the 157
Robert G. Clark, Jr. Building, the Mississippi State Fairgrounds 158
Complex, the former Central High Building, the Mississippi 159
Workers' Compensation Commission Office Building, as well as all 160
state-owned or leased buildings situated on seat of government 161
property. 162
(ii) To exercise general supervision and care over 163
and keep in good condition the Dr. Eldon Langston Bolton Building 164
located in Biloxi, Mississippi. 165
(iii) To exercise general supervision and care 166
over and keep in good condition the State Service Center, located 167
at the intersection of U.S. Highway 49 and John Merl Tatum 168
Industrial Drive in Hattiesburg, Mississippi. 169
(iv) To exercise general supervision and care over 170
and keep in good condition any property purchased, constructed or 171
otherwise acquired by the State of Mississippi for conducting 172
state business and not specifically under the supervision and care 173
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by any other state entity, but which is reasonably assumed the 174
department would be responsible for such, as approved by the 175
Public Procurement Review Board, including, but not limited to: 176
1. The National Aeronautics and Space 177
Administration (NASA) Shared Services Center and Lockheed Martin 178
Building at Stennis Space Center; 179
2. The Mississippi Sports Hall of Fame; 180
3. The Mississippi Crafts Center; 181
4. The Mississippi Children's Museum; and 182
5. The Mississippi Arts and Entertainment 183
Center. 184
(b) Consistent with Section 29-5-2.2, to assign 185
suitable office space for the various state departments, officers 186
and employees who are provided with an office in any of the 187
buildings under the jurisdiction or control of the Department of 188
Finance and Administration. However, the assignment of space in 189
the New Capitol Building shall be designated by duly passed 190
resolution of the combined Senate Rules Committee and the House 191
Management Committee, meeting as a joint committee, approved by 192
the Lieutenant Governor and Speaker of the House of 193
Representatives. A majority vote of the members of the Senate 194
Rules Committee and a majority vote of the members of the House 195
Management Committee shall be required on all actions taken, 196
resolutions or reports adopted, and all other matters considered 197
by the full combined committee on occasions when the Senate Rules 198
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Committee and the House Management Committee shall meet as a full 199
combined committee. 200
(c) To approve or disapprove with the concurrence of 201
the Public Procurement Review Board, any lease or rental 202
agreements by any state agency or department, including any state 203
agency financed entirely by federal and special funds, for space 204
outside the buildings under the jurisdiction of the Department of 205
Finance and Administration, including space necessary for parking 206
to be used by state employees who work in the Woolfolk Building, 207
the Carroll Gartin Justice Building or the Walter Sillers Office 208
Building. In no event shall any employee, officer, department, 209
federally funded agency or bureau of the state be authorized to 210
enter into a lease or rental agreement without prior approval of 211
the Department of Finance and Administration and the Public 212
Procurement Review Board. 213
The Department of Finance and Administration is authorized to 214
use architects, engineers, building inspectors and other personnel 215
for the purpose of making inspections as may be deemed necessary 216
in carrying out its duties and maintaining the facilities. 217
* * * 218
(d) To acquire by lease, lease-purchase agreement, or 219
otherwise, as provided in Sections 27-104-107 and 29-5-2.2, and to 220
assign * * *, by lease or sublease agreement from the * * * 221
department, and with the concurrence of the Public Procurement 222
Review Board, to any state agency or department, including any 223
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state agency financed entirely by federal and special funds, 224
appropriate office space in the buildings acquired. 225
(e) To solicit and approve or disapprove, 226
notwithstanding any rule of law to the contrary, and with the 227
concurrence of the Public Procurement Review Board, any lease, use 228
or rental agreement for a charge or other consideration for space 229
not exceeding three thousand (3,000) square feet in any individual 230
building listed in subsection (a) of this section, with a private 231
entry who will provide food and/or catering services for state 232
employees, visitors and the general public. 233
The department shall select the entity using a competitive 234
process which shall be publicly advertised. In addition to 235
satisfying any other requirements for the Public Procurement 236
Review Board's approval, the department must demonstrate that any 237
agreement entered into under this section will neither result in a 238
net cost to the state, nor impair or impede the function of state 239
agencies at such location. 240
SECTION 3. Section 37-3-5, Mississippi Code of 1972, is 241
amended as follows: 242
37-3-5. The State Department of Education is hereby charged 243
with the execution of all laws relating to the administrative, 244
supervisory and consultative services to the public schools and 245
agricultural high schools of the school districts throughout the 246
State of Mississippi. The State Department of Education is also 247
authorized to grant property to public school districts and 248
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agricultural high schools of the State of Mississippi, consistent 249
with the provisions of Section 29-5-2.2. 250
Subject to the direction of the State Board of Education as 251
provided by law, the administration, management and control of the 252
department is hereby vested in the State Superintendent of Public 253
Education, who shall be directly responsible for the rightful 254
functioning thereof. 255
SECTION 4. Section 41-4-7, Mississippi Code of 1972, is 256
amended as follows: 257
41-4-7. The State Board of Mental Health shall have the 258
following powers and duties: 259
(a) To appoint, with the advice and consent of the 260
Senate, a full-time Executive Director of the Department of Mental 261
Health, who shall be employed by the board and shall serve as 262
executive secretary to the board. The executive director shall 263
serve for a term of four (4) years, consistent with the provisions 264
of Section 7-1-35, Mississippi Code of 1972. The first director 265
shall be a duly licensed physician with special interest and 266
competence in psychiatry, and shall possess a minimum of three (3) 267
years' experience in clinical and administrative psychiatry. 268
Subsequent directors shall possess at least a master's degree or 269
its equivalent, and shall possess at least ten (10) years' 270
administrative experience in the field of mental health. The 271
salary of the executive director shall be determined by the board; 272
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(b) To appoint a Medical Director for the Department of 273
Mental Health. The medical director shall provide clinical 274
oversight in the implementation of evidence-based and best 275
practices; provide clinical leadership in the integration of 276
mental health, intellectual disability and addiction services with 277
community partners in the public and private sectors; and provide 278
oversight regarding standards of care. The medical director shall 279
serve at the will and pleasure of the board, and will undergo an 280
annual review of job performance and future service to the 281
department; 282
(c) To establish and implement its state strategic 283
plan; 284
(d) To develop a strategic plan for the development of 285
services for persons with mental illness, persons with 286
developmental disabilities and other clients of the public mental 287
health system. Such strategic planning program shall require that 288
the board, acting through the Strategic Planning and Best 289
Practices Committee, perform the following functions respecting 290
the delivery of services: 291
(i) Establish measures for determining the 292
efficiency and effectiveness of the services specified in Section 293
41-4-1(2); 294
(ii) Conducting studies of community-based care in 295
other jurisdictions to determine which services offered in these 296
jurisdictions have the potential to provide the citizens of 297
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Mississippi with more effective and efficient community-based 298
care; 299
(iii) Evaluating the efficiency and effectiveness 300
of the services specified in Section 41-4-1(2); 301
(iv) Recommending to the Legislature by January 1, 302
2014, any necessary additions, deletions or other changes 303
necessary to the services specified in Section 41-4-1(2); 304
(v) Implementing by July 1, 2012, a system of 305
performance measures for the services specified in Section 306
41-4-1(2); 307
(vi) Recommending to the Legislature any changes 308
that the department believes are necessary to the current laws 309
addressing civil commitment; 310
(vii) Conducting any other activities necessary to 311
the evaluation and study of the services specified in Section 312
41-4-1(2); 313
(viii) Assisting in conducting all necessary 314
strategic planning for the delivery of all other services of the 315
department. Such planning shall be conducted so as to produce a 316
single strategic plan for the services delivered by the public 317
mental health system and shall establish appropriate mission 318
statements, goals, objectives and performance indicators for all 319
programs and services of the public mental health system. For 320
services other than those specified in Section 41-4-1(2), the 321
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committee shall recommend to the State Board of Mental Health a 322
strategic plan that the board may adopt or modify; 323
(e) To set up state plans for the purpose of 324
controlling and treating any and all forms of mental and emotional 325
illness, alcoholism, drug misuse and developmental disabilities; 326
(f) [Repealed] 327
(g) To enter into contracts with any other state or 328
federal agency, or with any private person, organization or group 329
capable of contracting, if it finds such action to be in the 330
public interest; 331
(h) To collect reasonable fees for its services; 332
however, if it is determined that a person receiving services is 333
unable to pay the total fee, the department shall collect no more 334
than the amount such person is able to pay; 335
(i) To certify, coordinate and establish minimum 336
standards and establish minimum required services, as specified in 337
Section 41-4-1(2), for regional mental health and intellectual 338
disability commissions and other community service providers for 339
community or regional programs and services in adult mental 340
health, children and youth mental health, intellectual 341
disabilities, alcoholism, drug misuse, developmental disabilities, 342
compulsive gambling, addictive disorders and related programs 343
throughout the state. Such regional mental health and 344
intellectual disability commissions and other community service 345
providers shall, on or before July 1 of each year, submit an 346
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annual operational plan to the State Department of Mental Health 347
for approval or disapproval based on the minimum standards and 348
minimum required services established by the department for 349
certification and itemize the services specified in Section 350
41-4-1(2), including financial statements. As part of the annual 351
operation plan required by this paragraph (i) submitted by any 352
regional community mental health center or by any other reasonable 353
certification deemed acceptable by the department, the community 354
mental health center shall state those services specified in 355
Section 41-4-1(2) that it will provide and also those services 356
that it will not provide. If the department finds deficiencies in 357
the plan of any regional commission or community service provider 358
based on the minimum standards and minimum required services 359
established for certification, the department shall give the 360
regional commission or community service provider a six-month 361
probationary period to bring its standards and services up to the 362
established minimum standards and minimum required services. The 363
regional commission or community service provider shall develop a 364
sustainability business plan within thirty (30) days of being 365
placed on probation, which shall be signed by all commissioners 366
and shall include policies to address one or more of the 367
following: the deficiencies in programmatic services, clinical 368
service staff expectations, timely and appropriate billing, 369
processes to obtain credentialing for staff, monthly reporting 370
processes, third-party financial reporting and any other required 371
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documentation as determined by the department. After the 372
six-month probationary period, if the department determines that 373
the regional commission or community service provider still does 374
not meet the minimum standards and minimum required services 375
established for certification, the department may remove the 376
certification of the commission or provider and from and after 377
July 1, 2011, the commission or provider shall be ineligible for 378
state funds from Medicaid reimbursement or other funding sources 379
for those services. However, the department shall not mandate a 380
standard or service, or decertify a regional commission or 381
community service provider for not meeting a standard or service, 382
if the standard or service does not have funding appropriated by 383
the Legislature or have a state, federal or local funding source 384
identified by the department. No county shall be required to levy 385
millage to provide a mandated standard or service above the 386
minimum rate required by Section 41-19-39. After the six-month 387
probationary period, the department may identify an appropriate 388
community service provider to provide any core services in that 389
county that are not provided by a community mental health center. 390
However, the department shall not offer reimbursement or other 391
accommodations to a community service provider of core services 392
that were not offered to the decertified community mental health 393
center for the same or similar services. The State Board of 394
Mental Health shall promulgate rules and regulations necessary to 395
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implement the provisions of this paragraph (i), in accordance with 396
the Administrative Procedures Law (Section 25-43-1.101 et seq.); 397
(j) To establish and promulgate reasonable minimum 398
standards for the construction and operation of state and all 399
Department of Mental Health certified facilities, including 400
reasonable minimum standards for the admission, diagnosis, care, 401
treatment, transfer of patients and their records, and also 402
including reasonable minimum standards for providing day care, 403
outpatient care, emergency care, inpatient care and follow-up 404
care, when such care is provided for persons with mental or 405
emotional illness, an intellectual disability, alcoholism, drug 406
misuse and developmental disabilities; 407
(k) To implement best practices for all services 408
specified in Section 41-4-1(2), and to establish and implement all 409
other services delivered by the Department of Mental Health. To 410
carry out this responsibility, the board shall require the 411
department to establish a division responsible for developing best 412
practices based on a comprehensive analysis of the mental health 413
environment to determine what the best practices for each service 414
are. In developing best practices, the board shall consider the 415
cost and benefits associated with each practice with a goal of 416
implementing only those practices that are cost-effective 417
practices for service delivery. Such best practices shall be 418
utilized by the board in establishing performance standards and 419
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evaluations of the community mental health centers' services 420
required by paragraph (d) of this section; 421
(l) To assist community or regional programs consistent 422
with the purposes of this chapter by making grants and contracts 423
from available funds; 424
(m) To establish and collect reasonable fees for 425
necessary inspection services incidental to certification or 426
compliance; 427
(n) To accept gifts, trusts, bequests, grants, 428
endowments or transfers of property of any kind; 429
(o) To receive monies coming to it by way of fees for 430
services or by appropriations; 431
(p) To serve as the single state agency in receiving 432
and administering any and all funds available from any source for 433
the purpose of service delivery, training, research and education 434
in regard to all forms of mental illness, intellectual 435
disabilities, alcoholism, drug misuse and developmental 436
disabilities, unless such funds are specifically designated to a 437
particular agency or institution by the federal government, the 438
Mississippi Legislature or any other grantor; 439
(q) To establish mental health holding centers for the 440
purpose of providing short-term emergency mental health treatment, 441
places for holding persons awaiting commitment proceedings or 442
awaiting placement in a state mental health facility following 443
commitment, and for diverting placement in a state mental health 444
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facility. These mental health holding facilities shall be readily 445
accessible, available statewide, and be in compliance with 446
emergency services' minimum standards. They shall be 447
comprehensive and available to triage and make appropriate 448
clinical disposition, including the capability to access inpatient 449
services or less restrictive alternatives, as needed, as 450
determined by medical staff. Such facility shall have medical, 451
nursing and behavioral services available on a 452
twenty-four-hour-a-day basis. The board may provide for all or 453
part of the costs of establishing and operating the holding 454
centers in each district from such funds as may be appropriated to 455
the board for such use, and may participate in any plan or 456
agreement with any public or private entity under which the entity 457
will provide all or part of the costs of establishing and 458
operating a holding center in any district; 459
(r) To certify/license case managers, mental health 460
therapists, intellectual disability therapists, mental 461
health/intellectual disability program administrators, addiction 462
counselors and others as deemed appropriate by the board. Persons 463
already professionally licensed by another state board or agency 464
are not required to be certified/licensed under this section by 465
the Department of Mental Health. The department shall not use 466
professional titles in its certification/licensure process for 467
which there is an independent licensing procedure. Such 468
certification/licensure shall be valid only in the state mental 469
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health system, in programs funded and/or certified by the 470
Department of Mental Health, and/or in programs certified/licensed 471
by the State Department of Health that are operated by the state 472
mental health system serving persons with mental illness, an 473
intellectual disability, a developmental disability or addictions, 474
and shall not be transferable; 475
(s) To develop formal mental health worker 476
qualifications for regional mental health and intellectual 477
disability commissions and other community service providers. The 478
State Personnel Board shall develop and promulgate a recommended 479
salary scale and career ladder for all regional mental 480
health/intellectual disability center therapists and case managers 481
who work directly with clients. The State Personnel Board shall 482
also develop and promulgate a career ladder for all direct care 483
workers employed by the State Department of Mental Health; 484
(t) The employees of the department shall be governed 485
by personnel merit system rules and regulations, the same as other 486
employees in state services; 487
(u) To establish such rules and regulations as may be 488
necessary in carrying out the provisions of this chapter, 489
including the establishment of a formal grievance procedure to 490
investigate and attempt to resolve consumer complaints; 491
(v) To grant easements for roads, utilities and any 492
other purpose it finds to be in the public interest; 493
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(w) To survey statutory designations, building markers 494
and the names given to mental health/intellectual disability 495
facilities and proceedings in order to recommend deletion of 496
obsolete and offensive terminology relative to the mental 497
health/intellectual disability system. Based upon a 498
recommendation of the executive director, the board shall have the 499
authority to name/rename any facility operated under the auspices 500
of the Department of Mental Health for the sole purpose of 501
deleting such terminology; 502
(x) To ensure an effective case management system 503
directed at persons who have been discharged from state and 504
private psychiatric hospitals to ensure their continued well-being 505
in the community; 506
(y) To develop formal service delivery standards 507
designed to measure the quality of services delivered to community 508
clients, as well as the timeliness of services to community 509
clients provided by regional mental health/intellectual disability 510
commissions and other community services providers; 511
(z) To establish regional state offices to provide 512
mental health crisis intervention centers and services available 513
throughout the state to be utilized on a case-by-case emergency 514
basis. The regional services director, other staff and delivery 515
systems shall meet the minimum standards of the Department of 516
Mental Health; 517
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(aa) To require performance contracts with community 518
mental health/intellectual disability service providers to contain 519
performance indicators to measure successful outcomes, including 520
diversion of persons from inpatient psychiatric hospitals, 521
rapid/timely response to emergency cases, client satisfaction with 522
services and other relevant performance measures; 523
(bb) To enter into interagency agreements with other 524
state agencies, school districts and other local entities as 525
determined necessary by the department to ensure that local mental 526
health service entities are fulfilling their responsibilities to 527
the overall state plan for behavioral services; 528
(cc) To establish and maintain a toll-free grievance 529
reporting telephone system for the receipt and referral for 530
investigation of all complaints by clients of state and community 531
mental health/intellectual disability facilities; 532
(dd) To establish a peer review/quality assurance 533
evaluation system that assures that appropriate assessment, 534
diagnosis and treatment is provided according to established 535
professional criteria and guidelines; 536
(ee) To develop and implement state plans for the 537
purpose of assisting with the care and treatment of persons with 538
Alzheimer's disease and other dementia. This plan shall include 539
education and training of service providers, caregivers in the 540
home setting and others who deal with persons with Alzheimer's 541
disease and other dementia, and development of adult day care, 542
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family respite care and counseling programs to assist families who 543
maintain persons with Alzheimer's disease and other dementia in 544
the home setting. No agency shall be required to provide any 545
services under this section until such time as sufficient funds 546
have been appropriated or otherwise made available by the 547
Legislature specifically for the purposes of the treatment of 548
persons with Alzheimer's and other dementia; 549
(ff) Working with the advice and consent of the 550
administration of Ellisville State School, to enter into 551
negotiations with the Economic Development Authority of Jones 552
County for the purpose of negotiating the possible exchange, lease 553
or sale of lands owned by Ellisville State School to the Economic 554
Development Authority of Jones County. It is the intent of the 555
Mississippi Legislature that such negotiations shall ensure that 556
the financial interest of the persons with an intellectual 557
disability served by Ellisville State School will be held 558
paramount in the course of these negotiations. The Legislature 559
also recognizes the importance of economic development to the 560
citizens of the State of Mississippi and Jones County, and 561
encourages fairness to the Economic Development Authority of Jones 562
County. Any negotiations proposed which would result in the 563
recommendation for exchange, lease or sale of lands owned by 564
Ellisville State School must have the approval of the State Board 565
of Mental Health. The State Board of Mental Health may and has 566
the final authority as to whether or not these negotiations result 567
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in the exchange, lease or sale of the properties it currently 568
holds in trust for persons with an intellectual disability served 569
at Ellisville State School. 570
If the State Board of Mental Health authorizes the sale of 571
lands owned by Ellisville State School, as provided for under this 572
paragraph (ff), the monies derived from the sale shall be placed 573
into a special fund that is created in the State Treasury to be 574
known as the "Ellisville State School Client's Trust Fund." The 575
principal of the trust fund shall remain inviolate and shall never 576
be expended. Any interest earned on the principal may be expended 577
solely for the benefits of clients served at Ellisville State 578
School. The State Treasurer shall invest the monies of the trust 579
fund in any of the investments authorized for the Mississippi 580
Prepaid Affordable College Tuition Program under Section 37-155-9, 581
and those investments shall be subject to the limitations 582
prescribed by Section 37-155-9. Unexpended amounts remaining in 583
the trust fund at the end of a fiscal year shall not lapse into 584
the State General Fund, and any interest earned on amounts in the 585
trust fund shall be deposited to the credit of the trust fund. 586
The administration of Ellisville State School may use any interest 587
earned on the principal of the trust fund, upon appropriation by 588
the Legislature, as needed for services or facilities by the 589
clients of Ellisville State School. Ellisville State School shall 590
make known to the Legislature, through the Legislative Budget 591
Committee and the respective Appropriations Committees of the 592
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House and Senate, its proposed use of interest earned on the 593
principal of the trust fund for any fiscal year in which it 594
proposes to make expenditures thereof. The State Treasurer shall 595
provide Ellisville State School with an annual report on the 596
Ellisville State School Client's Trust Fund to indicate the total 597
monies in the trust fund, interest earned during the year, 598
expenses paid from the trust fund and such other related 599
information. 600
Nothing in this section shall be construed as applying to or 601
affecting mental health/intellectual disability services provided 602
by hospitals as defined in Section 41-9-3(a), and/or their 603
subsidiaries and divisions, which hospitals, subsidiaries and 604
divisions are licensed and regulated by the Mississippi State 605
Department of Health unless such hospitals, subsidiaries or 606
divisions voluntarily request certification by the Mississippi 607
State Department of Mental Health. 608
All new programs authorized under this section shall be 609
subject to the availability of funds appropriated therefor by the 610
Legislature; 611
(gg) Working with the advice and consent of the 612
administration of Boswell Regional Center, to enter into 613
negotiations with the Economic Development Authority of Simpson 614
County for the purpose of negotiating the possible exchange, lease 615
or sale of lands owned by Boswell Regional Center to the Economic 616
Development Authority of Simpson County. It is the intent of the 617
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Mississippi Legislature that such negotiations shall ensure that 618
the financial interest of the persons with an intellectual 619
disability served by Boswell Regional Center will be held 620
paramount in the course of these negotiations. The Legislature 621
also recognizes the importance of economic development to the 622
citizens of the State of Mississippi and Simpson County, and 623
encourages fairness to the Economic Development Authority of 624
Simpson County. Any negotiations proposed which would result in 625
the recommendation for exchange, lease or sale of lands owned by 626
Boswell Regional Center must have the approval of the State Board 627
of Mental Health. The State Board of Mental Health may and has 628
the final authority as to whether or not these negotiations result 629
in the exchange, lease or sale of the properties it currently 630
holds in trust for persons with an intellectual disability served 631
at Boswell Regional Center. In any such exchange, lease or sale 632
of such lands owned by Boswell Regional Center, title to all 633
minerals, oil and gas on such lands shall be reserved, together 634
with the right of ingress and egress to remove same, whether such 635
provisions be included in the terms of any such exchange, lease or 636
sale or not. 637
If the State Board of Mental Health authorizes the sale of 638
lands owned by Boswell Regional Center, as provided for under this 639
paragraph (gg), the monies derived from the sale shall be placed 640
into a special fund that is created in the State Treasury to be 641
known as the "Boswell Regional Center Client's Trust Fund." The 642
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principal of the trust fund shall remain inviolate and shall never 643
be expended. Any earnings on the principal may be expended solely 644
for the benefits of clients served at Boswell Regional Center. 645
The State Treasurer shall invest the monies of the trust fund in 646
any of the investments authorized for the Mississippi Prepaid 647
Affordable College Tuition Program under Section 37-155-9, and 648
those investments shall be subject to the limitations prescribed 649
by Section 37-155-9. Unexpended amounts remaining in the trust 650
fund at the end of a fiscal year shall not lapse into the State 651
General Fund, and any earnings on amounts in the trust fund shall 652
be deposited to the credit of the trust fund. The administration 653
of Boswell Regional Center may use any earnings on the principal 654
of the trust fund, upon appropriation by the Legislature, as 655
needed for services or facilities by the clients of Boswell 656
Regional Center. Boswell Regional Center shall make known to the 657
Legislature, through the Legislative Budget Committee and the 658
respective Appropriations Committees of the House and Senate, its 659
proposed use of the earnings on the principal of the trust fund 660
for any fiscal year in which it proposes to make expenditures 661
thereof. The State Treasurer shall provide Boswell Regional 662
Center with an annual report on the Boswell Regional Center 663
Client's Trust Fund to indicate the total monies in the trust 664
fund, interest and other income earned during the year, expenses 665
paid from the trust fund and such other related information. 666
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Nothing in this section shall be construed as applying to or 667
affecting mental health/intellectual disability services provided 668
by hospitals as defined in Section 41-9-3(a), and/or their 669
subsidiaries and divisions, which hospitals, subsidiaries and 670
divisions are licensed and regulated by the Mississippi State 671
Department of Health unless such hospitals, subsidiaries or 672
divisions voluntarily request certification by the Mississippi 673
State Department of Mental Health. 674
All new programs authorized under this section shall be 675
subject to the availability of funds appropriated therefor by the 676
Legislature; 677
(hh) Notwithstanding any other section of the code, the 678
Board of Mental Health shall be authorized to fingerprint and 679
perform a criminal history record check on every employee or 680
volunteer. Every employee and volunteer shall provide a valid 681
current social security number and/or driver's license number 682
which shall be furnished to conduct the criminal history record 683
check. If no disqualifying record is identified at the state 684
level, fingerprints shall be forwarded to the Federal Bureau of 685
Investigation for a national criminal history record check; 686
(ii) The Department of Mental Health shall have the 687
authority for the development of a consumer friendly single point 688
of intake and referral system within its service areas for persons 689
with mental illness, an intellectual disability, developmental 690
disabilities or alcohol or substance abuse who need assistance 691
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identifying or accessing appropriate services. The department 692
will develop and implement a comprehensive evaluation procedure 693
ensuring that, where appropriate, the affected person or their 694
parent or legal guardian will be involved in the assessment and 695
planning process. The department, as the point of intake and as 696
service provider, shall have the authority to determine the 697
appropriate institutional, hospital or community care setting for 698
persons who have been diagnosed with mental illness, an 699
intellectual disability, developmental disabilities and/or alcohol 700
or substance abuse, and may provide for the least restrictive 701
placement if the treating professional believes such a setting is 702
appropriate, if the person affected or their parent or legal 703
guardian wants such services, and if the department can do so with 704
a reasonable modification of the program without creating a 705
fundamental alteration of the program. The least restrictive 706
setting could be an institution, hospital or community setting, 707
based upon the needs of the affected person or their parent or 708
legal guardian; 709
(jj) Consistent with Section 29-5-2.2, to have 710
the * * * power and discretion to enter into, sign, execute and 711
deliver long-term or multiyear leases of real and personal 712
property owned by the Department of Mental Health to and from 713
other state and federal agencies and private entities deemed to be 714
in the public's best interest. Any monies derived from such 715
leases shall be deposited into the funds of the Department of 716
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Mental Health for its exclusive use. Leases to private entities 717
shall be approved by the Department of Finance and Administration 718
and all leases shall be filed with the Secretary of State; 719
(kk) To certify and establish minimum standards and 720
minimum required services for county facilities used for housing, 721
feeding and providing medical treatment for any person who has 722
been involuntarily ordered admitted to a treatment center by a 723
court of competent jurisdiction. The minimum standard for the 724
initial assessment of those persons being housed in county 725
facilities is for the assessment to be performed by a physician, 726
preferably a psychiatrist, or by a nurse practitioner, preferably 727
a psychiatric nurse practitioner. If the department finds 728
deficiencies in any such county facility or its provider based on 729
the minimum standards and minimum required services established 730
for certification, the department shall give the county or its 731
provider a six-month probationary period to bring its standards 732
and services up to the established minimum standards and minimum 733
required services. After the six-month probationary period, if 734
the department determines that the county or its provider still 735
does not meet the minimum standards and minimum required services, 736
the department may remove the certification of the county or 737
provider and require the county to contract with another county 738
having a certified facility to hold those persons for that period 739
of time pending transportation and admission to a state treatment 740
facility. Any cost incurred by a county receiving an 741
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involuntarily committed person from a county with a decertified 742
holding facility shall be reimbursed by the home county to the 743
receiving county; and 744
(ll) To provide orientation training to all new 745
commissioners of regional commissions and annual training for all 746
commissioners with continuing education regarding the Mississippi 747
mental health system and services as developed by the State 748
Department of Mental Health. Training shall be provided at the 749
expense of the department except for travel expenses which shall 750
be paid by the regional commission. 751
SECTION 5. Section 41-73-27, Mississippi Code of 1972, is 752
amended as follows: 753
41-73-27. The authority is hereby granted all powers 754
necessary or appropriate to carry out and effectuate its public 755
and corporate purposes, including, but not limited to, the 756
following: 757
(a) To have perpetual succession as a body politic and 758
corporate and an independent instrumentality exercising essential 759
public functions; 760
(b) To adopt, amend and repeal bylaws, rules and 761
regulations, not inconsistent with this act, to regulate its 762
affairs and to carry into effect the powers and purposes of the 763
authority and conduct its business; 764
(c) To sue and be sued in its own name; 765
(d) To have an official seal and alter it at will; 766
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(e) To maintain an office at such place or places 767
within the state as it may designate; 768
(f) To monitor on a continuing basis the need for 769
hospital equipment financing and hospital facilities financing at 770
interest rates which are consistent with the needs of hospital 771
institutions; 772
(g) To make and execute contracts and all other 773
instruments necessary or convenient for the performance of its 774
duties and the exercise of its powers and functions under this 775
act; 776
(h) To employ architects, engineers, attorneys, 777
inspectors, accountants and health care experts and financial 778
advisors, and such other advisors, consultants and agents as may 779
be necessary in its judgment, and to fix their compensation; 780
(i) To procure insurance against any loss in connection 781
with its property and other assets, in such amounts and from such 782
insurers as it may deem advisable, including the power to pay 783
premiums on any such insurance; 784
(j) To procure insurance or guarantees from any public 785
or private entities, including any department, agency or 786
instrumentality of the United States of America, to secure payment 787
(i) on a loan, lease or purchase payment owed by a participating 788
hospital institution to the authority and (ii) of any bonds issued 789
by the authority, including the power to pay premiums on any such 790
insurance or guarantee; 791
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(k) To procure letters of credit from any national or 792
state banking association or other entity authorized to issue a 793
letter of credit to secure the payment of any bonds issued by the 794
authority or to secure the payment of any loan, lease or purchase 795
payment owed by a participating hospital institution to the 796
authority, including the power to pay the cost of obtaining such 797
letter of credit; 798
(l) To receive and accept from any source aid or 799
contributions of money, property, labor or other things of value 800
to be held, used and applied to carry out the purposes of this act 801
subject to the conditions upon which the grants or contributions 802
are made, including, but not limited to, gifts or grants from any 803
department, agency or instrumentality of the United States of 804
America for any purpose consistent with the provisions of this 805
act; 806
(m) To provide, or cause to be provided by a 807
participating hospital institution, by acquisition, lease, 808
fabrication, repair, restoration, reconditioning, refinancing or 809
installation, one or more hospital facilities located within the 810
state or items of hospital equipment to be located within a 811
hospital facility in the state; 812
(n) To lease as lessor any hospital facility or any 813
item of hospital equipment for such rentals and upon such terms 814
and conditions as the authority may deem advisable and as are not 815
in conflict with the provisions of this act; 816
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(o) To sell for installment payments or otherwise, to 817
option or contract for such sale, and to convey all or any part of 818
any hospital facility or any item of hospital equipment for such 819
price and upon such terms and conditions as the authority may deem 820
advisable and as are not in conflict with the provisions of this 821
act; 822
(p) To make contracts and incur liabilities, borrow 823
money at such rates of interest as the authority may determine, 824
issue its bonds in accordance with the provisions of this act, and 825
secure any of its bonds or obligations by mortgage or pledge of 826
all or any of its property, franchises and income or as otherwise 827
provided in this act; 828
(q) To make secured or unsecured loans for the purpose 829
of providing temporary or permanent financing or refinancing for 830
the cost of any hospital facility or item of hospital equipment, 831
including the retiring of any outstanding obligations with respect 832
to such hospital facility or hospital equipment, and the 833
reimbursement for the cost of any hospital facility or hospital 834
equipment, purchased within two (2) years immediately preceding 835
the date of the bond issue, made or given by any participating 836
hospital institution for the cost of any hospital facility, 837
hospital equipment, and to charge and collect interest on such 838
loans for such loan payments and upon such terms and conditions as 839
the authority may deem advisable and as are not in conflict with 840
the provisions of this act; 841
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(r) To invest and reinvest its funds and to take and 842
hold property as security for the investment of such funds as 843
provided in this act; 844
(s) To purchase, receive, lease (as lessee or lessor), 845
or otherwise acquire, own, hold, improve, use or otherwise deal in 846
and with, hospital facilities and equipment, or any interest 847
therein, wherever situated, as the purposes of the authority shall 848
require; 849
(t) Consistent with Section 29-5-2.2, to sell, convey, 850
mortgage, pledge, assign, lease, exchange, transfer and otherwise 851
dispose of all or any part of its property and assets; 852
(u) To the extent permitted under its contract with the 853
holders of bonds of the authority, consent to any modification 854
with respect to the rate of interest, time and payment of any 855
installment of principal or interest, or any other term of any 856
contract, loan, loan note, loan note commitment, contract, lease 857
or agreement of any kind to which the authority is a party; and 858
(v) To assist participating hospital institutions to 859
obtain funds for any purpose by utilizing the value of the 860
receivables of such participating hospital institutions through 861
the making of loans secured by such receivables, by purchasing 862
such receivables, by utilizing such receivables to secure 863
obligations of the authority, or through any combination of the 864
foregoing. 865
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SECTION 6. Section 43-13-116, Mississippi Code of 1972, is 866
amended as follows: 867
43-13-116. (1) It shall be the duty of the Division of 868
Medicaid to fully implement and carry out the administrative 869
functions of determining the eligibility of those persons who 870
qualify for medical assistance under Section 43-13-115. 871
(2) In determining Medicaid eligibility, the Division of 872
Medicaid is authorized to enter into an agreement with the 873
Secretary of the Department of Health and Human Services for the 874
purpose of securing the transfer of eligibility information from 875
the Social Security Administration on those individuals receiving 876
supplemental security income benefits under the federal Social 877
Security Act and any other information necessary in determining 878
Medicaid eligibility. The Division of Medicaid is further 879
empowered to enter into contractual arrangements with its fiscal 880
agent or with the State Department of Human Services in securing 881
electronic data processing support as may be necessary. 882
(3) Administrative hearings shall be available to any 883
applicant who requests it because his or her claim of eligibility 884
for services is denied or is not acted upon with reasonable 885
promptness or by any recipient who requests it because he or she 886
believes the agency has erroneously taken action to deny, reduce, 887
or terminate benefits. The agency need not grant a hearing if the 888
sole issue is a federal or state law requiring an automatic change 889
adversely affecting some or all recipients. Eligibility 890
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determinations that are made by other agencies and certified to 891
the Division of Medicaid pursuant to Section 43-13-115 are not 892
subject to the administrative hearing procedures of the Division 893
of Medicaid but are subject to the administrative hearing 894
procedures of the agency that determined eligibility. 895
(a) A request may be made either for a local regional 896
office hearing or a state office hearing when the local regional 897
office has made the initial decision that the claimant seeks to 898
appeal or when the regional office has not acted with reasonable 899
promptness in making a decision on a claim for eligibility or 900
services. The only exception to requesting a local hearing is 901
when the issue under appeal involves either (i) a disability or 902
blindness denial, or termination, or (ii) a level of care denial 903
or termination for a disabled child living at home. An appeal 904
involving disability, blindness or level of care must be handled 905
as a state level hearing. The decision from the local hearing may 906
be appealed to the state office for a state hearing. A decision 907
to deny, reduce or terminate benefits that is initially made at 908
the state office may be appealed by requesting a state hearing. 909
(b) A request for a hearing, either state or local, 910
must be made in writing by the claimant or claimant's legal 911
representative. "Legal representative" includes the claimant's 912
authorized representative, an attorney retained by the claimant or 913
claimant's family to represent the claimant, a paralegal 914
representative with a legal aid services, a parent of a minor 915
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child if the claimant is a child, a legal guardian or conservator 916
or an individual with power of attorney for the claimant. The 917
claimant may also be represented by anyone that he or she so 918
designates but must give the designation to the Medicaid regional 919
office or state office in writing, if the person is not the legal 920
representative, legal guardian, or authorized representative. 921
(c) The claimant may make a request for a hearing in 922
person at the regional office but an oral request must be put into 923
written form. Regional office staff will determine from the 924
claimant if a local or state hearing is requested and assist the 925
claimant in completing and signing the appropriate form. Regional 926
office staff may forward a state hearing request to the 927
appropriate division in the state office or the claimant may mail 928
the form to the address listed on the form. The claimant may make 929
a written request for a hearing by letter. A simple statement 930
requesting a hearing that is signed by the claimant or legal 931
representative is sufficient; however, if possible, the claimant 932
should state the reason for the request. The letter may be mailed 933
to the regional office or it may be mailed to the state office. If 934
the letter does not specify the type of hearing desired, local or 935
state, Medicaid staff will attempt to contact the claimant to 936
determine the level of hearing desired. If contact cannot be made 937
within three (3) days of receipt of the request, the request will 938
be assumed to be for a local hearing and scheduled accordingly. A 939
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hearing will not be scheduled until either a letter or the 940
appropriate form is received by the regional or state office. 941
(d) When both members of a couple wish to appeal an 942
action or inaction by the agency that affects both applications or 943
cases similarly and arose from the same issue, one or both may 944
file the request for hearing, both may present evidence at the 945
hearing, and the agency's decision will be applicable to both. If 946
both file a request for hearing, two (2) hearings will be 947
registered but they will be conducted on the same day and in the 948
same place, either consecutively or jointly, as the couple wishes. 949
If they so desire, only one of the couple need attend the hearing. 950
(e) The procedure for administrative hearings shall be 951
as follows: 952
(i) The claimant has thirty (30) days from the 953
date the agency mails the appropriate notice to the claimant of 954
its decision regarding eligibility, services, or benefits to 955
request either a state or local hearing. This time period may be 956
extended if the claimant can show good cause for not filing within 957
thirty (30) days. Good cause includes, but may not be limited to, 958
illness, failure to receive the notice, being out of state, or 959
some other reasonable explanation. If good cause can be shown, a 960
late request may be accepted provided the facts in the case remain 961
the same. If a claimant's circumstances have changed or if good 962
cause for filing a request beyond thirty (30) days is not shown, a 963
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hearing request will not be accepted. If the claimant wishes to 964
have eligibility reconsidered, he or she may reapply. 965
(ii) If a claimant or representative requests a 966
hearing in writing during the advance notice period before 967
benefits are reduced or terminated, benefits must be continued or 968
reinstated to the benefit level in effect before the effective 969
date of the adverse action. Benefits will continue at the 970
original level until the final hearing decision is rendered. Any 971
hearing requested after the advance notice period will not be 972
accepted as a timely request in order for continuation of benefits 973
to apply. 974
(iii) Upon receipt of a written request for a 975
hearing, the request will be acknowledged in writing within twenty 976
(20) days and a hearing scheduled. The claimant or representative 977
will be given at least five (5) days' advance notice of the 978
hearing date. The local and/or state level hearings will be held 979
by telephone unless, at the hearing officer's discretion, it is 980
determined that an in-person hearing is necessary. If a local 981
hearing is requested, the regional office will notify the claimant 982
or representative in writing of the time of the local hearing. If 983
a state hearing is requested, the state office will notify the 984
claimant or representative in writing of the time of the state 985
hearing. If an in-person hearing is necessary, local hearings 986
will be held at the regional office and state hearings will be 987
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held at the state office unless other arrangements are 988
necessitated by the claimant's inability to travel. 989
(iv) All persons attending a hearing will attend 990
for the purpose of giving information on behalf of the claimant or 991
rendering the claimant assistance in some other way, or for the 992
purpose of representing the Division of Medicaid. 993
(v) A state or local hearing request may be 994
withdrawn at any time before the scheduled hearing, or after the 995
hearing is held but before a decision is rendered. The withdrawal 996
must be in writing and signed by the claimant or representative. 997
A hearing request will be considered abandoned if the claimant or 998
representative fails to appear at a scheduled hearing without good 999
cause. If no one appears for a hearing, the appropriate office 1000
will notify the claimant in writing that the hearing is dismissed 1001
unless good cause is shown for not attending. The proposed agency 1002
action will be taken on the case following failure to appear for a 1003
hearing if the action has not already been effected. 1004
(vi) The claimant or his representative has the 1005
following rights in connection with a local or state hearing: 1006
(A) The right to examine at a reasonable time 1007
before the date of the hearing and during the hearing the content 1008
of the claimant's case record; 1009
(B) The right to have legal representation at 1010
the hearing and to bring witnesses; 1011
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(C) The right to produce documentary evidence 1012
and establish all facts and circumstances concerning eligibility, 1013
services, or benefits; 1014
(D) The right to present an argument without 1015
undue interference; 1016
(E) The right to question or refute any 1017
testimony or evidence including an opportunity to confront and 1018
cross-examine adverse witnesses. 1019
(vii) When a request for a local hearing is 1020
received by the regional office or if the regional office is 1021
notified by the state office that a local hearing has been 1022
requested, the Medicaid specialist supervisor in the regional 1023
office will review the case record, reexamine the action taken on 1024
the case, and determine if policy and procedures have been 1025
followed. If any adjustments or corrections should be made, the 1026
Medicaid specialist supervisor will ensure that corrective action 1027
is taken. If the request for hearing was timely made such that 1028
continuation of benefits applies, the Medicaid specialist 1029
supervisor will ensure that benefits continue at the level before 1030
the proposed adverse action that is the subject of the appeal. 1031
The Medicaid specialist supervisor will also ensure that all 1032
needed information, verification, and evidence is in the case 1033
record for the hearing. 1034
(viii) When a state hearing is requested that 1035
appeals the action or inaction of a regional office, the regional 1036
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office will prepare copies of the case record and forward it to 1037
the appropriate division in the state office no later than five 1038
(5) days after receipt of the request for a state hearing. The 1039
original case record will remain in the regional office. Either 1040
the original case record in the regional office or the copy 1041
forwarded to the state office will be available for inspection by 1042
the claimant or claimant's representative a reasonable time before 1043
the date of the hearing. 1044
(ix) The Medicaid specialist supervisor will serve 1045
as the hearing officer for a local hearing unless the Medicaid 1046
specialist supervisor actually participated in the eligibility, 1047
benefits, or services decision under appeal, in which case the 1048
Medicaid specialist supervisor must appoint a Medicaid specialist 1049
in the regional office who did not actually participate in the 1050
decision under appeal to serve as hearing officer. The local 1051
hearing will be an informal proceeding in which the claimant or 1052
representative may present new or additional information, may 1053
question the action taken on the client's case, and will hear an 1054
explanation from agency staff as to the regulations and 1055
requirements that were applied to claimant's case in making the 1056
decision. 1057
(x) After the hearing, the hearing officer will 1058
prepare a written summary of the hearing procedure and file it 1059
with the case record. The hearing officer will consider the facts 1060
presented at the local hearing in reaching a decision. The 1061
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claimant will be notified of the local hearing decision on the 1062
appropriate form that will state clearly the reason for the 1063
decision, the policy that governs the decision, the claimant's 1064
right to appeal the decision to the state office, and, if the 1065
original adverse action is upheld, the new effective date of the 1066
reduction or termination of benefits or services if continuation 1067
of benefits applied during the hearing process. The new effective 1068
date of the reduction or termination of benefits or services must 1069
be at the end of the fifteen-day advance notice period from the 1070
mailing date of the notice of hearing decision. The notice to 1071
claimant will be made part of the case record. 1072
(xi) The claimant has the right to appeal a local 1073
hearing decision by requesting a state hearing in writing within 1074
fifteen (15) days of the mailing date of the notice of local 1075
hearing decision. The state hearing request should be made to the 1076
regional office. If benefits have been continued pending the 1077
local hearing process, then benefits will continue throughout the 1078
fifteen-day advance notice period for an adverse local hearing 1079
decision. If a state hearing is timely requested within the 1080
fifteen-day period, then benefits will continue pending the state 1081
hearing process. State hearings requested after the fifteen-day 1082
local hearing advance notice period will not be accepted unless 1083
the initial thirty-day period for filing a hearing request has not 1084
expired because the local hearing was held early, in which case a 1085
state hearing request will be accepted as timely within the number 1086
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of days remaining of the unexpired initial thirty-day period in 1087
addition to the fifteen-day time period. Continuation of benefits 1088
during the state hearing process, however, will only apply if the 1089
state hearing request is received within the fifteen-day advance 1090
notice period. 1091
(xii) When a request for a state hearing is 1092
received in the regional office, the request will be made part of 1093
the case record and the regional office will prepare the case 1094
record and forward it to the appropriate division in the state 1095
office within five (5) days of receipt of the state hearing 1096
request. A request for a state hearing received in the state 1097
office will be forwarded to the regional office for inclusion in 1098
the case record and the regional office will prepare the case 1099
record and forward it to the appropriate division in the state 1100
office within five (5) days of receipt of the state hearing 1101
request. 1102
(xiii) Upon receipt of the hearing record, an 1103
impartial hearing officer will be assigned to hear the case either 1104
by the Executive Director of the Division of Medicaid or his or 1105
her designee. Hearing officers will be individuals with 1106
appropriate expertise employed by the division and who have not 1107
been involved in any way with the action or decision on appeal in 1108
the case. The hearing officer will review the case record and if 1109
the review shows that an error was made in the action of the 1110
agency or in the interpretation of policy, or that a change of 1111
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policy has been made, the hearing officer will discuss these 1112
matters with the appropriate agency personnel and request that an 1113
appropriate adjustment be made. Appropriate agency personnel will 1114
discuss the matter with the claimant and if the claimant is 1115
agreeable to the adjustment of the claim, then agency personnel 1116
will request in writing dismissal of the hearing and the reason 1117
therefor, to be placed in the case record. If the hearing is to 1118
go forward, it shall be scheduled by the hearing officer in the 1119
manner set forth in subparagraph (iii) of this paragraph (e). 1120
(xiv) In conducting the hearing, the state hearing 1121
officer will inform those present of the following: 1122
(A) That the hearing will be recorded on tape 1123
and that a transcript of the proceedings will be typed for the 1124
record; 1125
(B) The action taken by the agency which 1126
prompted the appeal; 1127
(C) An explanation of the claimant's rights 1128
during the hearing as outlined in subparagraph (vi) of this 1129
paragraph (e); 1130
(D) That the purpose of the hearing is for 1131
the claimant to express dissatisfaction and present additional 1132
information or evidence; 1133
(E) That the case record is available for 1134
review by the claimant or representative during the hearing; 1135
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(F) That the final hearing decision will be 1136
rendered by the Executive Director of the Division of Medicaid on 1137
the basis of facts presented at the hearing and the case record 1138
and that the claimant will be notified by letter of the final 1139
decision. 1140
(xv) During the hearing, the claimant and/or 1141
representative will be allowed an opportunity to make a full 1142
statement concerning the appeal and will be assisted, if 1143
necessary, in disclosing all information on which the claim is 1144
based. All persons representing the claimant and those 1145
representing the Division of Medicaid will have the opportunity to 1146
state all facts pertinent to the appeal. The hearing officer may 1147
recess or continue the hearing for a reasonable time should 1148
additional information or facts be required or if some change in 1149
the claimant's circumstances occurs during the hearing process 1150
which impacts the appeal. When all information has been 1151
presented, the hearing officer will close the hearing and stop the 1152
recorder. 1153
(xvi) Immediately following the hearing the 1154
hearing tape will be transcribed and a copy of the transcription 1155
forwarded to the regional office for filing in the case record. 1156
As soon as possible, the hearing officer shall review the evidence 1157
and record of the proceedings, testimony, exhibits, and other 1158
supporting documents, prepare a written summary of the facts as 1159
the hearing officer finds them, and prepare a written 1160
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recommendation of action to be taken by the agency, citing 1161
appropriate policy and regulations that govern the recommendation. 1162
The decision cannot be based on any material, oral or written, not 1163
available to the claimant before or during the hearing. The 1164
hearing officer's recommendation will become part of the case 1165
record which will be submitted to the Executive Director of the 1166
Division of Medicaid for further review and decision. 1167
(xvii) The Executive Director of the Division of 1168
Medicaid, upon review of the recommendation, proceedings and the 1169
record, may sustain the recommendation of the hearing officer, 1170
reject the same, or remand the matter to the hearing officer to 1171
take additional testimony and evidence, in which case, the hearing 1172
officer thereafter shall submit to the executive director a new 1173
recommendation. The executive director shall prepare a written 1174
decision summarizing the facts and identifying policies and 1175
regulations that support the decision, which shall be mailed to 1176
the claimant and the representative, with a copy to the regional 1177
office if appropriate, as soon as possible after submission of a 1178
recommendation by the hearing officer. The decision notice will 1179
specify any action to be taken by the agency, specify any revised 1180
eligibility dates or, if continuation of benefits applies, will 1181
notify the claimant of the new effective date of reduction or 1182
termination of benefits or services, which will be fifteen (15) 1183
days from the mailing date of the notice of decision. The 1184
decision rendered by the Executive Director of the Division of 1185
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Medicaid is final and binding. The claimant is entitled to seek 1186
judicial review in a court of proper jurisdiction. 1187
(xviii) The Division of Medicaid must take final 1188
administrative action on a hearing, whether state or local, within 1189
ninety (90) days from the date of the initial request for a 1190
hearing. 1191
(xix) A group hearing may be held for a number of 1192
claimants under the following circumstances: 1193
(A) The Division of Medicaid may consolidate 1194
the cases and conduct a single group hearing when the only issue 1195
involved is one (1) of a single law or agency policy; 1196
(B) The claimants may request a group hearing 1197
when there is one (1) issue of agency policy common to all of 1198
them. 1199
In all group hearings, whether initiated by the Division of 1200
Medicaid or by the claimants, the policies governing fair hearings 1201
must be followed. Each claimant in a group hearing must be 1202
permitted to present his or her own case and be represented by his 1203
or her own representative, or to withdraw from the group hearing 1204
and have his or her appeal heard individually. As in individual 1205
hearings, the hearing will be conducted only on the issue being 1206
appealed, and each claimant will be expected to keep individual 1207
testimony within a reasonable time frame as a matter of 1208
consideration to the other claimants involved. 1209
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(xx) Any specific matter necessitating an 1210
administrative hearing not otherwise provided under this article 1211
or agency policy shall be afforded under the hearing procedures as 1212
outlined above. If the specific time frames of such a unique 1213
matter relating to requesting, granting, and concluding of the 1214
hearing is contrary to the time frames as set out in the hearing 1215
procedures above, the specific time frames will govern over the 1216
time frames as set out within these procedures. 1217
(4) The Executive Director of the Division of Medicaid, with 1218
the approval of the Governor, shall be authorized to employ 1219
eligibility, technical, clerical and supportive staff as may be 1220
required in carrying out and fully implementing the determination 1221
of Medicaid eligibility, including conducting quality control 1222
reviews and the investigation of the improper receipt of medical 1223
assistance. Staffing needs will be set forth in the annual 1224
appropriation act for the division. Consistent with Section 1225
29-5-2.2, additional office space as needed in performing 1226
eligibility, quality control and investigative functions shall be 1227
obtained by the division. 1228
SECTION 7. Section 43-33-717, Mississippi Code of 1972, is 1229
amended as follows: 1230
43-33-717. (1) The corporation shall have all the powers 1231
necessary or convenient to carry out and effectuate the purposes 1232
and provisions of this article, including, but without limiting 1233
the generality of the foregoing, the power: 1234
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(a) To make and alter bylaws for its organization and 1235
internal management; 1236
(b) To sue and be sued, have a seal and alter the same 1237
at pleasure, and maintain an office at such place or places in the 1238
state as it may determine; 1239
(c) To appoint officers, agents and employees, 1240
prescribe their duties and qualifications, and fix their 1241
compensation; 1242
(d) Consistent with Section 29-5-2.2, to acquire real 1243
or personal property, or any interest therein, by purchase, 1244
exchange, gift, assignment, transfer, foreclosure, lease, 1245
condemnation or otherwise, including rights or easements; to hold, 1246
manage, operate or improve real or personal property; to sell, 1247
assign, exchange, lease, encumber, mortgage or otherwise dispose 1248
of any real or personal property, or any interest therein, or deed 1249
of trust or mortgage lien interest owned by it or under its 1250
control, custody or in its possession and release or relinquish 1251
any right, title, claim, lien, interest, easement or demand 1252
however acquired, including any equity or right of redemption in 1253
property foreclosed by it and to do any of the foregoing by public 1254
sale; 1255
(e) To make and execute agreements, contracts and other 1256
instruments necessary or convenient to the exercise of the powers 1257
and functions of the corporation under this article; 1258
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(f) To employ or contract with architects, engineers, 1259
attorneys, accountants, financial experts and other advisors as 1260
may be necessary in its judgment and to fix and pay their 1261
compensation; 1262
(g) To make and execute contracts for the 1263
administration, servicing or collection of any mortgage loan and 1264
pay the reasonable value of services rendered to the corporation 1265
pursuant to such contracts; 1266
(h) To contract for the employment of a financial 1267
advisor, underwriting attorneys, trustees, paying agents, 1268
depositories or any consultants retained in connection with the 1269
issuance of any bonds or notes including refunding bonds or notes 1270
or dealing with the disposition of any proceeds thereof; 1271
(i) To issue negotiable bonds and notes and to provide 1272
for the rights of the holders thereof; 1273
(j) Subject to any agreement with bondholders or 1274
noteholders, to sell any mortgage loans at public or private sale 1275
at the fair market value for such a mortgage; and 1276
(k) Subject to any agreement with bondholders and 1277
noteholders, to make, alter or repeal such rules and regulations 1278
with respect to the operations, properties and facilities of the 1279
corporation as are necessary to carry out its functions and duties 1280
in the administration of this article. 1281
(2) The corporation shall also have the power: 1282
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(a) To make loans to mortgage lenders for the purpose 1283
of: 1284
(i) Making housing development mortgage loans to 1285
qualified sponsors for low and moderate income rental or 1286
residential housing; 1287
(ii) Making loans to low and moderate income 1288
purchasers of residential housing with preference to those who are 1289
displaced from adequate housing as a result of a major disaster, 1290
whether it be a man-made, technological or natural disaster, upon 1291
a declaration by the Governor that a major disaster exists in the 1292
state; 1293
(b) To purchase from mortgage lenders any of the loans 1294
enumerated in subparagraphs (i) and (ii); 1295
(c) To insure, reinsure or guarantee any of the types 1296
of loans enumerated in subparagraphs (i) and (ii); 1297
(d) To make, in such amounts and upon such terms and 1298
conditions as the corporation shall approve, temporary loans, 1299
preconstruction loans, interim financing loans to any qualified 1300
sponsor and permanent financing to any qualified sponsor of 1301
multifamily housing. 1302
(3) The corporation shall also have the power to make loans 1303
from funds not otherwise encumbered by pledge or indenture to 1304
low-and moderate-income persons for the following purposes: 1305
(a) Purchasing, improving or rehabilitating existing 1306
residential housing and occupied by the owners; 1307
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(b) Making loans to qualified nonprofit sponsors, to 1308
local housing authorities and to owners of residential housing for 1309
the development, construction, purchase, rehabilitation, 1310
weatherization or maintenance of residential housing. 1311
(4) Using funds not otherwise encumbered by pledge or 1312
indenture, the corporation may: 1313
(a) Establish a rental assistance program; 1314
(b) Provide such advisory consultation, training and 1315
educational services as will assist in the planning, construction, 1316
rehabilitation and operation of housing, including, but not 1317
limited to, assistance in community development and organization, 1318
home management and advisory services for residents, and in 1319
promotion of community organizations and local governments to 1320
assist in developing housing; 1321
(c) Encourage research and demonstration projects to 1322
develop new and better methods for increasing the supply, types 1323
and financing of housing and to receive and accept contributions, 1324
grants or aid from any source, public or private, including, but 1325
not limited to, the United States and this state, for carrying out 1326
this purpose; 1327
(d) Encourage and stimulate cooperatives and other 1328
forms of housing with tenant participation; 1329
(e) Promote innovative programs for homeownership, 1330
including, but not limited to, lease-purchase programs, 1331
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employer-sponsored housing programs, tenant cooperatives and 1332
nonprofit associations; 1333
(f) Design and support programs to address special 1334
needs groups including, but not limited to, handicapped, disabled, 1335
elderly, homeless, HIV/AIDS carriers and families with children; 1336
(g) Develop a comprehensive plan for, and engage in a 1337
yearly planning process for, addressing the housing needs of low- 1338
and moderate-income persons in Mississippi. 1339
(5) The corporation also has the power: 1340
(a) To procure, or require the procurement of, 1341
insurance against any loss in connection with its operations, 1342
including, without limitation, the repayment of any mortgage loan 1343
or loans, in such amounts and from such insurers, including the 1344
federal government, as it may deem necessary or desirable, and to 1345
pay any premiums therefor; 1346
(b) Subject to any agreement with bondholders or 1347
noteholders: (i) to renegotiate any loan in default; (ii) to 1348
waive any default or consent to the modification of the terms of 1349
any loan or agreement; (iii) to commence, prosecute and enforce a 1350
judgment in any action or proceeding, including, without 1351
limitation, a foreclosure proceeding, to protect or enforce any 1352
right conferred upon it by law, mortgage loan agreement, contract 1353
or other agreement; and (iv) in connection with any such 1354
proceeding, to bid for and purchase the property or acquire or 1355
take possession thereof and, in such event, complete, administer 1356
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and pay the principal of and interest on any obligations incurred 1357
in connection with such property and dispose of and otherwise deal 1358
with such property in such manner as the corporation may deem 1359
advisable to protect its interest therein; 1360
(c) To fix, revise, charge and collect fees and other 1361
charges in connection with the making of loans, the purchasing of 1362
mortgage loans, and any other services rendered by the 1363
corporation; 1364
(d) To arrange for guarantees of its bonds, notes or 1365
other obligations by the federal government or by any private 1366
insurer and to pay any premiums therefor; 1367
(e) Notwithstanding any law to the contrary, but 1368
subject to any agreement with bondholders or noteholders, to 1369
invest money of the corporation not required for immediate use, 1370
including proceeds from the sale of any bonds or notes * * *: 1371
(i) In obligations of any municipality or the 1372
state or the United States of America; 1373
(ii) In obligations the principal and interest of 1374
which are guaranteed by the state or the United States of America; 1375
(iii) In obligations of any corporation wholly 1376
owned by the United States of America; 1377
(iv) In obligations of any corporation sponsored 1378
by the United States of America which are, or may become, eligible 1379
as collateral for advances to member banks as determined by the 1380
Board of Governors of the Federal Reserve System; 1381
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(v) In obligations of insurance firms or other 1382
corporations whose investments are rated "A" or better by 1383
recognized rating companies; 1384
(vi) In certificates of deposit or time deposits 1385
of qualified depositories of the state as approved by the State 1386
Depository Commission, secured in such manner, if any, as the 1387
corporation shall determine; 1388
(vii) In contracts for the purchase and sale of 1389
obligations of the type specified in * * * subparagraphs (i) 1390
through (v) above; 1391
(viii) In repurchase agreements secured by 1392
obligations specified in * * * subparagraphs (i) through (v) 1393
above; 1394
(ix) In money market funds, the assets of which 1395
are required to be invested in obligations specified in * * * 1396
subparagraphs (i) through (vi) above; 1397
(f) Subject to any agreement with bondholders or 1398
noteholders, to purchase, and to agree to purchase, bonds or notes 1399
of the corporation at a price not exceeding: (i) if the bonds or 1400
notes are then redeemable, the redemption price then applicable 1401
plus accrued interest to the date of purchase; or (ii) if the 1402
bonds or notes are not then redeemable, the redemption price 1403
applicable on the first date after such purchase upon which the 1404
notes or bonds become subject to redemption at the option of the 1405
corporation plus accrued interest to the date of purchase; 1406
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(g) Subject to the provisions of this article, to 1407
contract for and to accept any gifts, grants or loans of funds or 1408
property or financial or other aid in any form from federal, state 1409
or local governments, private or public entities, or individuals; 1410
(h) To enter into agreements or other transactions with 1411
the federal or state government, any agency thereof or any 1412
municipality in furtherance of the purposes of this article; to 1413
operate and administer loan programs of the federal government, 1414
the State of Mississippi, or any governmental agency thereof; and 1415
to operate and administer any program of housing assistance for 1416
persons and families of low or moderate income, however funded; 1417
(i) To establish a benevolent loan fund, housing 1418
development fund, or such additional and further funds as may be 1419
necessary and desirable to accomplish any corporate purpose or to 1420
comply with the provisions of any agreement made by the 1421
corporation or any resolution approved by the corporation. The 1422
resolution establishing such a fund shall specify the source of 1423
monies from which it shall be funded and the purposes for which 1424
monies held in the fund shall be disbursed; 1425
(j) In carrying out the provisions of this article, the 1426
corporation shall cooperate with the housing authorities created 1427
under Sections 43-33-1 through 43-33-69 and Sections 43-33-101 1428
through 43-33-137, Mississippi Code of 1972; 1429
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(k) To accept letters of credit and other credit 1430
facilities necessary to make loans authorized herein to repay 1431
bonds or notes issued by the corporation; 1432
(l) To do any and all things necessary or convenient to 1433
carry out its purposes and exercise the powers given and granted 1434
in this article. 1435
SECTION 8. Section 45-11-7, Mississippi Code of 1972, is 1436
amended as follows: 1437
45-11-7. (1) There is hereby created a State Fire Academy 1438
for the training and education of persons engaged in municipal, 1439
county and industrial fire protection. The Commissioner of 1440
Insurance shall appoint an Executive Director of the State Fire 1441
Academy who, along with his employees, shall be designated as a 1442
division of the Insurance Department. The executive director 1443
shall serve at the pleasure of the Commissioner of Insurance. The 1444
State Fire Academy shall be under the supervision and direction of 1445
the Executive Director of the State Fire Academy. State Fire 1446
Academy training programs for fire personnel shall be conducted at 1447
the academy with seminars to be conducted in other sections of the 1448
state as and when the State Fire Academy Advisory Board considers 1449
it necessary and advisable. 1450
The Commissioner of Insurance may establish and charge 1451
reasonable fees for the training programs and other services 1452
provided by the academy. A record of all funds received pursuant 1453
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to this paragraph shall be maintained as is required for other 1454
monies pursuant to Section 45-11-5. 1455
The Executive Director of the State Fire Academy is 1456
authorized and empowered to purchase, operate and maintain mobile 1457
firefighting equipment as he may find necessary and proper for the 1458
operation of the academy subject to approval of the Commissioner 1459
of Insurance. The equipment may be utilized wherever training 1460
sessions may be held at the discretion of the State Fire Academy 1461
Advisory Board. 1462
(2) The Commissioner of Insurance shall be authorized to 1463
undertake appropriate action to accomplish and fulfill the 1464
purposes of the State Fire Academy, including the hiring of 1465
instructors and personnel, the lease and purchase of appropriate 1466
training equipment and to lease, purchase or construct suitable 1467
premises and quarters for conducting annual school and seminars, 1468
as the State Fire Academy Advisory Board may deem necessary and 1469
required for such purposes. Except for those contracts controlled 1470
by Section 29-5-2.2, any contract entered into under and by virtue 1471
of the provisions of this section shall first be submitted to and 1472
approved by the Public Procurement Review Board, and construction 1473
pursuant to the contract shall be under the supervision of 1474
the * * * Department of Finance and Administration. 1475
(3) Vouchers for operating expense for the State Fire 1476
Academy shall be signed by the Executive Director of the State 1477
Fire Academy and payment thereof shall be made from such funds to 1478
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be derived from a special allocation from the State Fire Academy 1479
Fund as provided in Section 45-11-5. 1480
(4) The State Fire Academy is hereby officially designated 1481
as the agency of this state to conduct training for fire personnel 1482
on a statewide basis in which members of all duly constituted fire 1483
departments may participate. This subsection shall not be 1484
construed to affect the authority of any fire department to 1485
conduct training for its own personnel. 1486
(5) Each state agency, private agency or federal agency 1487
which provides training for the fire service shall coordinate such 1488
efforts with the State Fire Academy to prevent duplication of cost 1489
and to ensure standardization of training. 1490
(6) The State Fire Academy shall present an appropriate 1491
certificate signifying the successful completion of its prescribed 1492
courses. 1493
(7) National firefighter standards approved by the 1494
Mississippi Fire Personnel Minimum Standards and Certification 1495
Board shall be used as the basis for classroom instruction at the 1496
fire academy. 1497
(8) The Commissioner of Insurance, Executive Director of the 1498
State Fire Academy, and the Mississippi Fire Personnel Minimum 1499
Standards and Certification Board shall coordinate all state 1500
programs related to fire department operations. 1501
(9) The Commissioner of Insurance is hereby authorized and 1502
empowered to establish standard guidelines for the use of, and 1503
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accountability for, municipal and county fire protection funds 1504
distributed pursuant to the provisions of Sections 83-1-37 and 1505
83-1-39, Mississippi Code of 1972. Such guidelines shall include 1506
requirements for the establishment of record keeping and reports 1507
to the Commissioner of Insurance by municipalities and counties 1508
relating to the receipt and expenditure of fire protection funds, 1509
the training of fire department personnel and the submission to 1510
the Commissioner of Insurance of other data reasonably related to 1511
local fire protection responsibilities which the Commissioner of 1512
Insurance deems necessary for the performance of the duties of the 1513
State Fire Academy Advisory Board. 1514
(10) In order that the Commissioner of Insurance may more 1515
effectively execute the duties imposed upon him by subsection (9) 1516
of this section, there is hereby created within the State Fire 1517
Academy a Division of Fire Services Development. The division 1518
shall be staffed by a Fire Services Development Coordinator, 1519
appointed by the executive director of the academy from his 1520
current staff and by such other personnel as deemed by the 1521
Commissioner of Insurance. The division shall work with municipal 1522
and county fire coordinators to ensure effective implementation of 1523
guidelines established pursuant to subsection (9) of this section 1524
and shall serve in an advisory capacity for all aspects of fire 1525
service improvement. The Fire Service Coordinator shall annually 1526
notify the Department of Finance and Administration of those 1527
municipalities and counties which are not eligible to receive a 1528
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portion of fire protection fund distributions because of failure 1529
to comply with requirements imposed in Sections 83-1-37 and 1530
83-1-39 as a prerequisite to receipt of such funds. 1531
(11) There is created in the State Treasury a separate 1532
account to be known as the "State Fire Academy Construction Fund." 1533
The State Treasurer shall transfer on July 1, 1997, the sum of Six 1534
Hundred Seventy-five Thousand Dollars ($675,000.00) and on July 1, 1535
1998, the sum of Six Hundred Seventy-five Thousand Dollars 1536
($675,000.00) from the State Fire Academy Fund 3502 into the 1537
separate account created in this subsection. Monies in such 1538
account shall be expended solely, upon legislative appropriations, 1539
to defray expenses related to the construction of capital 1540
improvements project known as "Fire Safety and Education Building" 1541
and parking areas at the State Fire Academy by the Bureau of 1542
Building, Grounds and Real Property Management of the Office of 1543
General Services and to pay any indebtedness incurred to 1544
accomplish such construction. Funds not used after the completion 1545
of this capital improvements project shall be transferred back 1546
into State Fund 3502. 1547
(12) From and after July 1, 2016, the expenses of this 1548
agency shall be defrayed by appropriation from the State General 1549
Fund and all user charges and fees authorized under this section 1550
shall be deposited into the State General Fund as authorized by 1551
law. 1552
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(13) From and after July 1, 2016, no state agency shall 1553
charge another state agency a fee, assessment, rent or other 1554
charge for services or resources received by authority of this 1555
section. 1556
(14) The State Fire Academy is designated as an authorized 1557
training program for Emergency Medical Response and Emergency 1558
Medical Technician, and is authorized to provide initial and 1559
national continued competency program training, including 1560
Emergency Medical Responder, Emergency Medical Technician-Basic 1561
and Emergency Medical Technician-Advanced. The State Fire Academy 1562
shall be limited to a total of one hundred twenty (120) students 1563
per year for Emergency Medical Technician-Basic and Emergency 1564
Medical Technician-Advanced training; however, no limitation shall 1565
apply to the number of Emergency Medical Responder students. The 1566
training program established by the State Fire Academy shall meet 1567
or exceed the requirements of the most current training program 1568
national standard curriculum as developed by the United States 1569
Department of Transportation, National Highway Traffic Safety 1570
Administration, and shall also meet the minimum testing and 1571
certification requirements established by the State Board of 1572
Health. Successful graduates of the State Fire Academy Emergency 1573
Medical Response and Emergency Medical Technician training shall 1574
be eligible for certification by the State Board of Health for the 1575
training level achieved, provided that their training meets or 1576
exceeds the minimum testing and certification requirements 1577
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established by the State Board of Health for these respective 1578
skills, and such certification may be obtained in coordination 1579
with the State Board of Health pursuant to Chapters 59 and 60, 1580
Title 41, Mississippi Code of 1972. 1581
SECTION 9. Section 49-19-5, Mississippi Code of 1972, is 1582
amended as follows: 1583
49-19-5. The State Forestry Commission is hereby authorized 1584
and empowered to acquire and dispose of property of all kinds in 1585
accordance with the provisions of Sections 29-1-1 and 29-5-2.2, in 1586
order to discharge the duties as set forth in Section 49-19-3, and 1587
subsequent germane general laws of the State of Mississippi. 1588
Notwithstanding any other provision of law, the commission, 1589
and county foresters who are employed by the commission, is 1590
authorized to electronically accept bids for timber sales. 1591
Consistent with Section 29-5-2.2, the commission is also 1592
authorized to sell, rent, lease, and dispose of any property 1593
acquired by the commission * * *. All surplus property to be sold 1594
or disposed of shall be sold or disposed of in the manner provided 1595
by law for the sale or disposition of surplus property by other 1596
state agencies. Any funds received from the sale, rental or lease 1597
of any property herein authorized, to be acquired, shall be paid 1598
into the State Treasury to the credit of a special account, and 1599
the commission is hereby authorized to use this fund for the 1600
replacement, repairs, and upkeep of any property authorized to be 1601
acquired and owned under this section. 1602
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SECTION 10. Section 51-8-29, Mississippi Code of 1972, is 1603
amended as follows: 1604
51-8-29. Districts created under this chapter shall have the 1605
powers set out in the creating resolution not inconsistent with 1606
the powers set forth in this chapter, and * * * consistent with 1607
Section 29-5-2.2, the power and authority to acquire, construct, 1608
reconstruct, improve, better, extend, consolidate, maintain and 1609
operate facilities and to contract with any municipality, person, 1610
firm or corporation for services and for a supply and distribution 1611
of water, for collection, transportation, treatment and/or 1612
disposal of sewage and for services required incident to the 1613
operation and maintenance of such systems. Except as provided 1614
elsewhere in this chapter, as long as any such district continues 1615
to furnish any of the services which it was authorized to furnish 1616
in and by the resolution by which it was created, it shall be the 1617
sole public corporation empowered to furnish such services within 1618
such district. 1619
Any district created pursuant to the provisions of this 1620
chapter shall be vested with all the powers necessary and 1621
requisite for the accomplishment of the purpose for which such 1622
district is created. No enumeration of powers herein shall be 1623
construed to impair or limit any general grant of power herein 1624
contained nor to limit any such grant to a power or powers of the 1625
same class or classes as those enumerated. Such districts are 1626
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empowered to do all acts necessary, proper or convenient in the 1627
exercise of the powers granted under such sections. 1628
SECTION 11. Section 51-8-31, Mississippi Code of 1972, is 1629
amended as follows: 1630
51-8-31. Any district created pursuant to the provisions of 1631
this chapter, acting by and through the board of commissioners of 1632
such district as its governing authority, shall have, among 1633
others, the following powers: 1634
(a) To sue and be sued; 1635
(b) Consistent with Section 29-5-2.2, to acquire by 1636
purchase, gift, devise, lease or any other mode of acquisition, 1637
and to hold or dispose of, real and personal property of every 1638
kind within or without the district; 1639
(c) To make and enter into contracts, conveyances, 1640
mortgages, deeds of trust, bonds, leases or contracts for 1641
financial advisory services; 1642
(d) To incur debts, to borrow money, to issue 1643
negotiable bonds, and to provide for the rights of the holders 1644
thereof; 1645
(e) To fix, maintain, collect and revise rates and 1646
charges for services rendered by or through the facilities of such 1647
district, which rates and charges shall not be subject to review 1648
or regulation by the Mississippi Public Service Commission except 1649
in those instances where a city operating similar services would 1650
be subject to regulation and review; however, said district shall 1651
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obtain a certificate of convenience and necessity from the 1652
Mississippi Public Service Commission for operating water and/or 1653
sewer systems; 1654
(f) To pledge all or any part of its revenues to the 1655
payment of its obligations; 1656
(g) To make such covenants in connection with the 1657
issuance of bonds or to secure the payment of bonds that a private 1658
business corporation can make under the general laws of the state; 1659
(h) To use any right-of-way, public right-of-way, 1660
easement, or other similar property or property rights necessary 1661
or convenient in connection with the acquisition, improvement, 1662
operation or maintenance of the facilities of such district held 1663
by the state or any political subdivision thereof; however, the 1664
governing body of such political subdivision shall consent to such 1665
use; 1666
(i) To enter into agreements with state and federal 1667
agencies for loans, grants, grants-in-aid, and other forms of 1668
assistance, including, but not limited to, participation in the 1669
sale and purchase of bonds; 1670
(j) Consistent with Section 29-5-2.2, to acquire by 1671
purchase, lease, gift, or otherwise, any existing works and 1672
facilities providing services for which it was created, and any 1673
lands, rights, easements, franchises and other property, real and 1674
personal, necessary to the completion and operation of such system 1675
upon such terms and conditions as may be agreed upon, and, if 1676
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necessary as part of the acquisition price, to assume the payment 1677
of outstanding notes, bonds or other obligations upon such system; 1678
however, if any corporate agency owning such facilities desires to 1679
continue providing such services, the corporate agency shall so 1680
notify the district not later than ninety (90) days after the 1681
effective date of the creation of the district, and the district 1682
shall thereupon relinquish its right to provide such services 1683
until and unless the corporate agency elects otherwise or fails to 1684
adequately provide such services; 1685
(k) To extend its services to areas beyond but within 1686
one (1) mile of the boundaries of such district; however, no such 1687
extension shall be made to areas already occupied by another 1688
corporate agency rendering the same service so long as such 1689
corporate agency desires to continue to serve such areas. Areas 1690
outside of the district desiring to be served which are beyond the 1691
one-mile limit must be brought into the district by annexation 1692
proceedings; 1693
(l) To be deemed to have the same status as counties 1694
and municipalities with respect to payment of sales taxes on 1695
purchases made by such districts; 1696
(m) To borrow funds for interim financing subject to 1697
receipt of funds as outlined in Section 51-8-35; 1698
(n) To choose a location within the district as the 1699
central office of the district; 1700
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(o) To adopt a plan for management of the water 1701
resources of the district, provided that such plan first be 1702
submitted to and approved by the Commission on Natural Resources 1703
as consistent with the state water management plan or objectives; 1704
(p) To hire such personnel and contract for such legal, 1705
technical, or other services as the board of commissioners deems 1706
necessary for the operation of the district and fulfillment of its 1707
water management objectives; and 1708
(q) To secure connection to or participation in the 1709
services provided by the district, including the power to obtain 1710
mandatory or prohibitory injunctive relief; provided, however, 1711
that the authority of the board of commissioners shall not be 1712
exercised in conflict with the regulatory and enforcement 1713
authority of the Commission on Natural Resources. 1714
SECTION 12. Section 51-9-121, Mississippi Code of 1972, is 1715
amended as follows: 1716
51-9-121. The Pearl River Valley Water Supply District 1717
through its board of directors is hereby empowered: 1718
(a) To impound overflow water and the surface water of 1719
the Pearl River or its tributaries within the project area, within 1720
or without this district at the place or places and in the amount 1721
as may be approved by the Office of Land and Water Resources of 1722
the State of Mississippi, by the construction of a dam or dams, 1723
reservoir or reservoirs, works, plants, and any other necessary or 1724
useful related facilities contemplated and described as a part of 1725
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the project within or without the district, to control, store, and 1726
preserve these waters, and to use, distribute, and sell the same. 1727
The Pearl River Valley Water Supply District is also empowered to 1728
construct or otherwise acquire within the project area all works, 1729
plants, or other facilities necessary or useful to the project for 1730
the purpose of processing the water and transporting it to cities 1731
and others for domestic, municipal, commercial, industrial, 1732
agricultural, and manufacturing purposes and is hereby given the 1733
power to control open channels for water delivery purposes. 1734
(b) To acquire and develop any other available water 1735
necessary or useful to the project and to construct, acquire, and 1736
develop all facilities within the project area deemed necessary or 1737
useful with respect thereto. 1738
(c) To prevent or aid in the prevention of damage to 1739
person or property from the waters of the Pearl River or any of 1740
its tributaries. 1741
(d) To forest and reforest, and to aid in the foresting 1742
and reforesting of the project area, and to prevent and aid in the 1743
prevention of soil erosion and floods within this area; to 1744
control, store, and preserve within the boundaries of the project 1745
area the waters of the Pearl River or any of its tributaries, for 1746
irrigation of lands and for prevention of water pollution. 1747
(e) Consistent with Section 29-5-2.2, to acquire by 1748
purchase, lease, gift, or in any other manner (otherwise than by 1749
condemnation) and to maintain, use, and operate all property of 1750
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any kind, real, personal, or mixed, or any interest therein within 1751
the project area, within or without the boundaries of the 1752
district, necessary for the project and convenient to the exercise 1753
of the powers, rights, privileges, and functions conferred upon 1754
the district by this article. 1755
(f) To acquire by condemnation all property of any 1756
kind, real, personal, or mixed, or any interest therein within the 1757
project area not exceeding one-quarter (1/4) mile from the outside 1758
line of the three hundred (300) feet above sea level contour on 1759
each side of the Pearl River except as provided for rights-of-way 1760
under subsection (g) of this section, within or without the 1761
boundaries of the district, necessary for the project and the 1762
exercise of the powers, rights, privileges, and functions 1763
conferred upon the district by this article, according to the 1764
procedure provided by law for the condemnation of lands or other 1765
property taken for rights-of-way or other purposes by railroads, 1766
telephone, or telegraph companies. For the purposes of carrying 1767
out this article, the right of eminent domain of the district 1768
shall be superior and dominant to the right of eminent domain of 1769
railroad, telegraph, telephone, gas, power, and other companies or 1770
corporations, and shall be sufficient to enable the acquisition of 1771
county roads, state highways, or other public property in the 1772
project area and the acquisition, or relocation, of the 1773
above-mentioned utility property in the project area; however, 1774
Mississippi Highway 43 as presently located shall be kept open as 1775
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part of the state highway system. The cost of right-of-way 1776
purchases, rerouting, and elevating all other county maintained 1777
roads affected by construction of the reservoir shall be borne by 1778
the water district, and new construction shall be of equal quality 1779
as in roads existing as of May 5, 1958. The amount and character 1780
of interest in land, other property, and easements thus to be 1781
acquired shall be determined by the board of directors, and their 1782
determination shall be conclusive and shall not be subject to 1783
attack in the absence of manifold abuse of discretion or fraud on 1784
the part of such board in making such determination. However, 1785
(i) In acquiring lands, either by negotiation or 1786
condemnation, the district shall not acquire minerals or royalties 1787
within the project area; sand and gravel shall not be considered 1788
as minerals within the meaning of this section; * * * 1789
(ii) No person or persons owning the drilling 1790
rights or the right to share in production shall be prevented from 1791
exploring, developing, or producing oil or gas with necessary 1792
rights-of-way for ingress and egress, * * * pipelines, and other 1793
means of transporting these products by reason of the inclusion of 1794
such lands or mineral interests within the project area, whether 1795
below or above the * * * waterline; but any such activities shall 1796
be under such reasonable regulations by the board of directors as 1797
will adequately protect the reservoir; and 1798
(iii) In drilling and developing, these persons 1799
are hereby vested with a special right to have the mineral 1800
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interest integrated and their lands developed in such drilling 1801
unit or units as the State Oil and Gas Board shall establish after 1802
due consideration of the rights of all of the owners to be 1803
included in the drilling unit. 1804
Moreover, where any site or plot of land is to be rented, 1805
leased, or sold to any person, firm, or corporation for the 1806
purpose of operating recreational facilities thereon for profit, 1807
then the board shall, by resolution, specify the terms and 1808
conditions of the sale, rental, or lease, and shall advertise for 1809
public bids thereon. When bids are received, they shall be 1810
publicly opened by the board, and the board shall thereupon 1811
determine the highest and best bid submitted and shall immediately 1812
notify the former owner of the site or plot of the amount, terms, 1813
and conditions of the highest and best bid. The former owner of 1814
the site or plot shall have the exclusive right at his option, for 1815
a period of thirty (30) days after the determination of the 1816
highest and best bid by the board, to rent, lease, or purchase 1817
said site or plot of land by meeting such highest and best bid and 1818
by complying with all terms and conditions of the renting, 1819
leasing, or sale as specified by the board. However, the board 1820
shall not in any event rent, lease, or sell to any former owner 1821
more land than was taken from the former owner for the 1822
construction of the project, or one-quarter (1/4) mile of 1823
shoreline, whichever is the lesser. If this option is not 1824
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exercised by the former owner within a period of thirty (30) days, 1825
then the board shall accept the highest and best bid submitted. 1826
Any bona fide, resident householder, actually living or 1827
maintaining a residence on land taken by the district by 1828
condemnation shall have the right to repurchase not exceeding 1829
forty (40) acres of his former land or other available land from 1830
the board of directors for a price not exceeding the price paid 1831
for condemning his land. 1832
(g) To require the necessary relocation of roads and 1833
highways, railroad, telephone, and telegraph lines and properties, 1834
electric power lines, gas pipelines and mains and facilities in 1835
the project area, or to require the anchoring or other protection 1836
of any of these, provided due compensation is first paid the 1837
owners thereof or agreement is had with the owners regarding the 1838
payment of the cost of the relocation. It is further provided 1839
that the district is hereby authorized to acquire easements or 1840
rights-of-way in or outside of the project area for the relocation 1841
of the roads, highways, railroad, telephone, and telegraph lines 1842
and properties, electric power lines, gas pipelines and mains and 1843
facilities, and to convey the same to the owners thereof in 1844
connection with the relocation as a part of the construction of 1845
the project; however, the directors of the district shall not 1846
close any public access road to the reservoir existing prior to 1847
the construction of the reservoir unless the board of supervisors 1848
of the county in which the road is located agrees. 1849
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(h) To overflow and inundate any public lands and 1850
public property, including sixteenth section lands and in-lieu 1851
lands, within the project area. 1852
(i) Consistent with Section 29-5-2.2, to construct, 1853
extend, improve, maintain, and reconstruct, to cause to be 1854
constructed, extended, improved, maintained, and reconstructed, 1855
and to use and operate facilities of any kind within the project 1856
area necessary or convenient to the project and to the exercise of 1857
such powers, rights, privileges, and functions. 1858
(j) To sue and be sued in its corporate name. 1859
(k) To adopt, use, and alter a corporate seal. 1860
(l) To make bylaws for the management and regulation of 1861
its affairs. 1862
(m) To employ engineers, attorneys, and all necessary 1863
agents and employees to properly finance, construct, operate, and 1864
maintain the project and the plants and facilities of the district 1865
and carry out the provisions of this article, and to pay 1866
reasonable compensation for the services. For all services in 1867
connection with the issuance of bonds as provided in this article, 1868
the attorney's fee shall not exceed one-quarter of one percent 1869
(1/4 of 1%) of the principal amount of said bonds. For any other 1870
services, only reasonable compensation shall be paid for these 1871
services. The board shall have the right to employ a general 1872
manager, who shall, at the discretion of the board, have the power 1873
to employ and discharge employees. Without limiting the 1874
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generality of the foregoing, it may employ fiscal agents or 1875
advisors in connection with its financing program and in 1876
connection with the issuance of its bonds. 1877
(n) To make contracts and to execute instruments 1878
necessary or convenient to the exercise of the powers, rights, 1879
privileges, and functions conferred upon it by this article. 1880
(o) To make or cause to be made surveys and engineering 1881
investigations relating to the project, or related projects, for 1882
the information of the district to facilitate the accomplishment 1883
of the purposes for which it is created. 1884
(p) To apply for and accept grants from the United 1885
States of America, or from any corporation or agency created or 1886
designated by the United States of America, and to ratify and 1887
accept applications heretofore or hereafter made by voluntary 1888
associations to these agencies for grants to construct, maintain, 1889
or operate any project or projects which hereafter may be 1890
undertaken or contemplated by the district. 1891
(q) To do any other acts or things necessary or 1892
convenient to the exercising of the powers, rights, privileges, or 1893
functions conferred upon it by this article or any other law. 1894
(r) To make contracts in the issuance of bonds that may 1895
be necessary to insure the marketability thereof. 1896
(s) Consistent with Section 29-5-2.2, to enter into 1897
contracts with municipalities, corporations, districts, public 1898
agencies, political subdivisions of any kind, and others for any 1899
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services, facilities or commodities that the project may provide. 1900
The district is also authorized to contract with any municipality, 1901
corporation, or public agency for the rental, leasing, purchase, 1902
or operation of the water production, water filtration or 1903
purification, water supply and distributing facilities of the 1904
municipality, corporation, or public agency upon such 1905
consideration as the district and such entity may agree. Any such 1906
contract may be upon any terms and for any time as the parties may 1907
agree, and it may provide that it shall continue in effect until 1908
bonds specified therein and refunding bonds issued in lieu of 1909
these bonds are paid. Any contract with any political subdivision 1910
shall be binding upon said political subdivision according to its 1911
terms, and any municipalities or other political subdivisions 1912
shall have the power to enter into such contracts as in the 1913
discretion of the governing authorities thereof would be to the 1914
best interest of the people of the municipality or other political 1915
subdivision. These contracts may include, within the discretion 1916
of the governing authorities, a pledge of the full faith and 1917
credit of the political subdivisions for the performance thereof. 1918
(t) To fix and collect charges and rates for any 1919
services, facilities, or commodities furnished by it in connection 1920
with the project, and to impose penalties for failure to pay these 1921
charges and rates when due. 1922
(u) To operate and maintain within the project area 1923
with the consent of the governing body of any city or town located 1924
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within the district, any works, plants, or facilities of any city 1925
deemed necessary or convenient to the accomplishment of the 1926
purposes for which the district is created. 1927
(v) Subject to the provisions of this article and 1928
Section 29-5-2.2, from time to time to lease, sell, or otherwise 1929
dispose of any property of any kind, real, personal, or mixed, or 1930
any interest therein within the project area or acquired outside 1931
the project area as authorized in this article, for the purpose of 1932
furthering the business of the district. 1933
(w) When, in the opinion of the board of directors as 1934
shown by resolution duly passed, it shall not be necessary to the 1935
carrying on of the business of the district that the district own 1936
any lands acquired, then the board shall advertise these lands for 1937
sale to the highest and best bidder for cash and shall receive and 1938
publicly open the bids thereon. The board shall, by resolution, 1939
determine the highest and best bid submitted for such land and 1940
shall thereupon notify the former owner, his heirs or devisees, by 1941
registered mail of the land to be sold and the highest and best 1942
bid received therefor, and the former owner, or his heirs or 1943
devisees, shall have the exclusive right at his or their option 1944
for a period of thirty (30) days in which to meet the highest and 1945
best bid and to purchase the property. 1946
(x) In addition to, or in conjunction with, any other 1947
powers and duties of the district arising under this chapter, to 1948
exercise those powers, duties and functions of a joint water 1949
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management district set forth in Sections 51-8-27 through 51-8-55, 1950
except the power of eminent domain under Section 51-8-33. Before 1951
exercising those powers and duties, the district must comply with 1952
the provisions of Sections 51-8-63 and 51-8-65. In exercising the 1953
functions of a joint water management district, the district may 1954
apply to the Environmental Quality Permit Board for delegation of 1955
those powers and duties as provided by Section 51-3-15, and to 1956
apply to the Mississippi Commission on Environmental Quality for 1957
delegation of those powers and duties provided by Section 51-3-21. 1958
Any transaction regarding any property under the provisions 1959
of this section shall be executed in accordance with the 1960
provisions of Sections 29-1-1 and 29-5-2.2. 1961
SECTION 13. Section 51-11-11, Mississippi Code of 1972, is 1962
amended as follows: 1963
51-11-11. The district, through its board of directors, is 1964
hereby empowered: 1965
(a) To develop in conjunction with the United States 1966
Army Corps of Engineers, United States Secretary of Agriculture, 1967
United States Secretary of Interior, or with such other federal or 1968
state agency as may be involved, including agencies of the State 1969
of Louisiana, plans for public works of improvement for the 1970
preservation, conservation, development, storage, and regulation 1971
of soil and waters within the Pearl River Basin, including the 1972
impoundage, diversion, flowage, and distribution of waters for 1973
industrial, irrigational, or potable water supplies, the 1974
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development of waters for navigation, and the prevention of 1975
floodwater damage; to enter into agreements with the United States 1976
of America, as represented by the United States Army Corps of 1977
Engineers or by such other federal agency as may be involved, to 1978
meet the requirements of local cooperation for flood control and 1979
navigation projects or other use of water as set out and 1980
authorized by public law of the United States, as now or hereafter 1981
amended. 1982
(b) To sue and be sued in its corporate name. 1983
(c) To adopt, use, and alter a corporate seal. 1984
(d) To make bylaws for the management and regulation of 1985
its affairs. 1986
(e) To make or cause to be made or to cooperate in 1987
making engineering surveys, feasibility studies, and cost-benefit 1988
estimates relating to the construction of dams, reservoirs, works, 1989
plants, or any other necessary related facilities for controlling, 1990
storing, using, and distributing, including to adjacent basins, 1991
the waters within the Pearl River Basin, or for the prevention of 1992
floodwater damage, for navigation therein, or for the use of its 1993
water resources for recreational purposes. 1994
(f) Consistent with Section 29-5-2.2, to acquire by 1995
purchase, lease, gift, or in other manner, other than by 1996
condemnation, and to maintain, use, and operate any and all 1997
property of any kind, real, personal, or mixed, or any interest 1998
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therein within the boundaries of the district necessary for the 1999
purposes of the district. 2000
(g) To make contracts and to execute instruments 2001
necessary to the exercise of the powers, rights, privileges, and 2002
functions conferred upon the district by this chapter. 2003
(h) To apply for and accept grants or loans from the 2004
United States of America or from any corporation or agency created 2005
or designated by the United States of America, and to ratify and 2006
accept applications heretofore or hereafter made by voluntary 2007
associations to such agencies for grants to construct, maintain, 2008
or operate any project or projects which hereafter may be 2009
undertaken or contemplated by said district. 2010
(i) To employ an executive vice president who shall act 2011
as general manager of the district and who may, at the discretion 2012
of the board of directors, have the power to employ and discharge 2013
employees. The board of directors shall have the right to employ 2014
engineers, attorneys, and all agents and employees necessary to 2015
the exercising of the powers, rights, privileges, and functions 2016
conferred upon the district by this chapter or any other law, or 2017
necessary to properly finance, construct, operate, and maintain 2018
the projects and plants of the district; and the district may pay 2019
reasonable compensation for such services. For all services in 2020
connection with the issuance of bonds, the attorney's fee shall be 2021
in accordance with the following: 2022
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1. On issues up to and including One Hundred 2023
Thousand Dollars ($100,000.00), the attorney's fee shall not 2024
exceed one percent (1%) thereof. 2025
2. On issues over One Hundred Thousand Dollars 2026
($100,000.00), and including Three Hundred Thousand Dollars 2027
($300,000.00), the attorney's fee shall not exceed one-half 2028
percent (1/2%) thereof. 2029
3. On issues over Three Hundred Thousand Dollars 2030
($300,000.00), the attorney's fee shall not exceed one-fourth 2031
percent (1/4%) thereof; but for any issue the attorney shall 2032
receive a minimum fee of Two Hundred Fifty Dollars ($250.00). For 2033
any other services, reasonable compensation shall be paid. 2034
(j) To do any and all other acts or things necessary to 2035
the exercising of the powers, rights, privileges, or functions 2036
conferred upon the district by this chapter or any other law. 2037
SECTION 14. Section 51-11-13, Mississippi Code of 1972, is 2038
amended as follows: 2039
51-11-13. The term "project" when used herein shall mean the 2040
general plans and purposes of the district, including without 2041
limitation physical properties and the location of reservoir or 2042
reservoirs, dam or dams, and related facilities, as approved by 2043
the district. The words "project area" shall mean any geographic 2044
area, as defined by a resolution of the board of directors of the 2045
district, located within (i) any county which is a member of the 2046
district or (ii) any portion of any other county which lies within 2047
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the watershed area of the Pearl River and its tributaries. The 2048
district, through its board of directors, shall have, in addition 2049
to and without limitation upon the powers enumerated in Section 2050
51-11-11, the following powers: 2051
(a) To impound and appropriate for beneficial use 2052
overflow water and the surface water of the Pearl River or its 2053
tributaries within the project area at the place or places and in 2054
the manner and amount as may be approved by the Department of 2055
Environmental Quality, by the construction of a dam or dams, 2056
reservoir or reservoirs, work or works, plants, and any other 2057
necessary related facilities contemplated and described as a part 2058
of the project; to construct a dam or dams, reservoir or 2059
reservoirs, work or works, and any other necessary related 2060
facilities contemplated and described as a part of the project to 2061
control flooding on the Pearl River and its tributaries; to 2062
control, store, and preserve these waters and to use, distribute, 2063
and sell them; to construct or otherwise acquire within the 2064
project area all works, plants, or other facilities necessary to 2065
the project for the purpose of soil conservation or for the 2066
purpose of processing water and transporting it to cities and 2067
other facilities for domestic, municipal, commercial, industrial, 2068
agricultural, and manufacturing purposes; and to control open 2069
channels for delivery purposes and water transportation; provided, 2070
however, a decision by the board of directors to have a dam or 2071
reservoir constructed within a county may be vetoed by an 2072
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affirmative vote of a majority of each of the boards of 2073
supervisors of any three (3) or more member counties of the 2074
district. 2075
(b) To acquire and develop any other available water 2076
necessary to the project and to construct, acquire, and develop 2077
all facilities within the project area deemed necessary with 2078
respect thereto, including terminals. 2079
(c) To forest and reforest, and to aid in the foresting 2080
and reforesting of, the project area and to prevent and aid in the 2081
prevention of soil erosion and flood within this area; to control, 2082
store, and preserve within the boundaries of the project area the 2083
waters of the Pearl River or any of its tributaries for irrigation 2084
of lands and for prevention of water pollution. 2085
(d) To acquire by condemnation all property or interest 2086
in property of any kind, real, personal, or mixed, within the 2087
Pearl River Basin, whether within or without the project area, 2088
strictly and presently necessary for the projects and the exercise 2089
of the powers, rights, privileges, and functions conferred upon 2090
the district by this chapter, according to the procedure provided 2091
by law for the condemnation of lands or other property taken for 2092
rights-of-way or other purposes by railroads, telephone or 2093
telegraph companies and according to the provisions of Sections 2094
29-1-1 and 29-5-2.2. No petition to condemn any property or any 2095
interest in any property shall be filed unless accompanied by a 2096
certificate by the United States Army Corps of Engineers or other 2097
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federal agency, or by a competent engineer or engineering firm, 2098
stating that the property being acquired is necessary for the 2099
purposes of an approved project of the district. For the purposes 2100
of this chapter, the right of eminent domain of the district 2101
within the project area shall be superior and dominant to the 2102
right of eminent domain of railroad, telegraph, telephone, gas, 2103
power, and other companies or corporations and shall be sufficient 2104
to enable the acquisition and relocation of county roads, state 2105
highways, or other public property within the project area. The 2106
cost of right-of-way purchases, rerouting, and elevating all other 2107
county-maintained roads affected by constructions shall be borne 2108
by the district, and new construction shall be of equal quality as 2109
in roads existing as of January 1, 1984. The county in which this 2110
work is done may assist in these costs if the board of supervisors 2111
so desires. 2112
The amount and character of interest in land, other property, 2113
and easements to be acquired shall be determined by the board of 2114
directors on the basis of the proven needs of the particular 2115
project or projects involved. The board of directors shall make 2116
this determination in compliance with the provisions of Section 2117
29-1-1. However, 2118
(i) In acquiring lands, either by negotiation or 2119
condemnation, the district shall not acquire minerals or 2120
royalties; sand and gravel shall not be considered as minerals 2121
within the meaning of this section; however, where land is 2122
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condemned for easement purposes only, the sand and gravel 2123
contained therein or thereunder shall not be condemned, except to 2124
the extent necessary for these easement purposes, but may be 2125
acquired in full by negotiation; and 2126
(ii) No person or persons owning the drilling 2127
rights or the right to share in production or mining shall be 2128
prevented from exploring, developing, or producing oil or gas or 2129
sand and gravel with necessary rights-of-way for ingress and 2130
egress, pipelines, and other means of transporting these products 2131
by reason of the inclusion of the lands or mineral interests or 2132
sand and gravel within the project area, whether below or above 2133
the waterline, but these activities shall be under reasonable 2134
regulations by the board of directors as will adequately protect 2135
the project. 2136
(e) To require the necessary relocation of roads, 2137
highways, railroad, telephone, and telegraph lines and properties, 2138
electric power lines, gas pipelines and mains and facilities in 2139
the project area, or to require the anchoring or other protection 2140
of any of these, provided due compensation is first paid the 2141
owners thereof or agreement is had with the owners regarding the 2142
payment of the cost of such relocation. Further, the district is 2143
hereby authorized to acquire easements or rights-of-way in or 2144
outside of the project area for the relocation of roads, highways, 2145
railroad, telephone, and telegraph lines and properties, electric 2146
power lines, gas pipelines and mains and facilities, and to convey 2147
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them to the owners thereof in connection with relocation as a part 2148
of the construction of the project. 2149
(f) To overflow and inundate any public lands and 2150
public property, including sixteenth section lands and lieu lands, 2151
within the project area. 2152
(g) To construct, extend, improve, maintain, and 2153
reconstruct, to cause to be constructed, extended, improved, 2154
maintained, and reconstructed, and to use and operate all 2155
facilities of any kind within the project area necessary to the 2156
project. 2157
(h) To employ engineers, attorneys, and all necessary 2158
agents and employees to properly finance, construct, operate, and 2159
maintain the project and the plants, and to pay reasonable 2160
compensation for these services. 2161
(i) To make contracts in the issuance of bonds as may 2162
be necessary to insure the marketability thereof. 2163
(j) Consistent with Section 29-5-2.2, to enter into 2164
contracts with municipalities, corporations, districts, public 2165
agencies, political subdivisions of any kind, and others for any 2166
services, facilities, or commodities which the project may 2167
provide; to contract with any municipality, corporation or public 2168
agency for the rental, leasing, purchase, or operation of water 2169
production, water filtration or purification, water supply and 2170
distributing facilities of such upon consideration as the district 2171
and the entity may agree. Any contract may be upon any terms and 2172
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for any time as the parties may agree, may provide that it shall 2173
continue in effect until bonds specified therein, refunding bonds 2174
issued in lieu of these bonds, and all obligations are paid. Any 2175
contract with any political subdivision shall be binding upon the 2176
political subdivisions according to its terms, and the 2177
municipalities or other political subdivisions shall have the 2178
power to enter into these contracts as in the discretion of the 2179
governing authorities thereof would be to the best interest of the 2180
people of the municipality or other political subdivision. The 2181
contracts may include within the discretion of the governing 2182
authorities a pledge of the full faith and credit of the political 2183
subdivisions for the performance thereof. 2184
(k) To fix and collect charges and rates for any 2185
service, facilities, or commodities furnished by it in connection 2186
with the project and to impose penalties for failure to pay these 2187
charges and rates when due. 2188
(l) To operate and maintain within the project area, 2189
with the consent of the governing body of any located within the 2190
district, any works, plants, or facilities deemed necessary to the 2191
accomplishment of the purposes for which the district is created. 2192
(m) Subject to the provisions of this chapter, from 2193
time to time to lease, sell, or otherwise lawfully dispose of 2194
property of any kind, real, personal, or mixed, or any interest 2195
therein within the project area or acquired outside the project 2196
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area as authorized in this chapter, for the purpose of furthering 2197
the business of the district. 2198
(n) When, in the opinion of the board of directors as 2199
shown by resolution duly passed, it shall not be necessary to the 2200
carrying on of the business of the district that the district own 2201
any lands acquired, the board shall advertise these lands for sale 2202
to the highest and best bidder for cash, and shall receive and 2203
publicly open the bids thereon. 2204
(o) In the purchase of or in the entering into of all 2205
lease purchase agreements for supplies, equipment, heavy 2206
equipment, and the like, the directors shall in all instances 2207
comply with the provisions of law pertaining to public purchases 2208
by public bids on such supplies and equipment. 2209
(p) In addition to, or in conjunction with, any other 2210
powers and duties of the district arising under this chapter, to 2211
exercise those powers, duties and functions of a joint water 2212
management district set forth in Sections 51-8-27 through 51-8-55, 2213
except the power of eminent domain under Section 51-8-33. Before 2214
exercising those powers and duties, the district must comply with 2215
the provisions of Sections 51-8-63 and 51-8-65. In exercising the 2216
functions of a joint water management district, the district may 2217
apply to the Environmental Quality Permit Board for delegation of 2218
those powers and duties as provided by Section 51-3-15, and to 2219
apply to the Mississippi Commission on Environmental Quality for 2220
delegation of those powers and duties provided by Section 51-3-21. 2221
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(q) To create a flood control district within the Pearl 2222
River Basin Development District as provided under Sections 2223
51-11-53 through 51-11-85. 2224
SECTION 15. Section 51-13-111, Mississippi Code of 1972, is 2225
amended as follows: 2226
51-13-111. The Tombigbee River Valley Water Management 2227
District through its board of directors is hereby empowered: 2228
(a) To develop, in conjunction with the United States 2229
Army Corps of Engineers, United States Secretary of Agriculture, 2230
or with the head of any other federal or state agency as may be 2231
involved, plans for public works of improvement for the prevention 2232
of floodwater damage, or the conservation, development, 2233
navigation, utilization and disposal of water, including the 2234
impoundment, diversion, flowage and distribution of waters for 2235
beneficial use as defined in Chapter 3 of this title. 2236
To enter into agreements with the United States of America, 2237
as represented by the United States Army Corps of Engineers, to 2238
meet the requirements of local cooperation for flood control and 2239
navigation projects as set out in House Document No. 167, 84th 2240
Congress, First Session, as authorized by Public Law 85-500, 85th 2241
Congress, dated July 3, 1958, as amended, and House Document No. 2242
486, 79th Congress, Second Session, as approved by Public Law 525, 2243
79th Congress, as amended. 2244
(b) To impound overflow water and the surface water of 2245
the Tombigbee River or its tributaries within the project area, 2246
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within or without the district, at the place or places and in the 2247
amount as may be approved by the Office of Land and Water 2248
Resources of the State of Mississippi, by the construction of a 2249
dam or dams, reservoir or reservoirs, work or works, plants and 2250
any other necessary or useful related facilities contemplated and 2251
described as a part of the project, within or without the 2252
district, to control, store and preserve these waters, and to use, 2253
distribute, and sell them, to construct or otherwise acquire 2254
within the project area all works, plants, or other facilities 2255
necessary or useful to the project for processing the water and 2256
transporting it to cities and other facilities for domestic, 2257
municipal, commercial, industrial, agricultural and manufacturing 2258
purposes, and is hereby given the power to control open channels 2259
for water delivery purposes and water transportation. 2260
(c) To acquire and develop any other available water 2261
necessary or useful to the project and to construct, acquire and 2262
develop all facilities within the project area deemed necessary or 2263
useful with respect thereto, including terminals. 2264
(d) To forest and reforest, and to aid in the foresting 2265
and reforesting of the project area, and to prevent and to aid in 2266
the prevention of soil erosion and flood within the area; to 2267
control, store, and preserve within the boundaries of the project 2268
area the waters of the Tombigbee River or any of its tributaries 2269
for irrigation of lands and for prevention of water pollution. 2270
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(e) To acquire by condemnation all property of any 2271
kind, real, personal, or mixed, or any interest therein, within or 2272
without the boundaries of the district, necessary for the projects 2273
and the exercise of the powers, rights, privileges and functions 2274
conferred upon the district by this article, according to the 2275
procedure provided by law for the condemnation of lands or other 2276
property taken for rights-of-way or other purposes by railroads, 2277
telephone, or telegraph companies, and according to the provisions 2278
of Sections 29-1-1 and 29-5-2.2. For the purposes of this article 2279
the right of eminent domain of the district shall be superior and 2280
dominant to the right of eminent domain of railroad, telegraph, 2281
telephone, gas, power and other companies or corporations and 2282
shall be sufficient to enable the acquisition of county roads, 2283
state highways, or other public property in the project area, and 2284
the acquisition or relocation of this property in the project 2285
area. The cost of right-of-way purchases, rerouting and elevating 2286
all other county-maintained roads affected by construction shall 2287
be borne by the water management district, and new construction 2288
shall be of equal quality as in roads existing as of May 1, 1962. 2289
The county in which the work is done may assist in these costs if 2290
the board of supervisors desires. 2291
The amount and character of interest in land, other property, 2292
and easements to be acquired shall be determined by the board of 2293
directors, and their determination shall be conclusive and shall 2294
not be subject to attack in the absence of manifold abuse of 2295
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discretion or fraud on the part of such board in making such 2296
determination. However, 2297
(i) In acquiring lands, either by negotiation or 2298
condemnation, the district shall not acquire minerals or royalties 2299
within the project area; sand and gravel shall not be considered 2300
as minerals within the meaning of this section; and 2301
(ii) No person or persons owning the drilling 2302
rights or the right to share in production shall be prevented from 2303
exploring, developing, or producing oil or gas with necessary 2304
rights-of-way for ingress and egress, pipelines, and other means 2305
of transporting these products by reason of the inclusion of the 2306
lands or mineral interests within the project area, whether below 2307
or above the waterline, but any activities shall be under 2308
reasonable regulations by the board of directors that will 2309
adequately protect the project; and 2310
(iii) In drilling and developing, these persons 2311
are hereby vested with a special right to have mineral interests 2312
integrated and their lands developed in the drilling unit or units 2313
that the State Oil and Gas Board shall establish after due 2314
consideration of the rights of all owners to be included in the 2315
drilling unit. 2316
Moreover, when any site or plot of land is to be sold to any 2317
person, firm, or corporation for the purpose of operating 2318
recreational facilities thereon for profit, the board shall, by 2319
resolution, specify the terms and conditions of the sale and shall 2320
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advertise for public bids thereon. When these bids are received, 2321
they shall be publicly opened by the board, and the board shall 2322
thereupon determine the highest and best bid submitted and shall 2323
immediately notify the former owner of the site or plot of the 2324
amount, terms, and conditions of the highest and best bid. The 2325
former owner of the site or plot shall have the exclusive right at 2326
his option, for a period of thirty (30) days after written notice 2327
is received by the landowner of the determination of the highest 2328
and best bid by the board, to purchase the site or plot of land by 2329
meeting the highest and best bid and by complying with all terms 2330
and conditions of the sale as specified by the board. However, 2331
the board shall not sell to any former owner more land than was 2332
taken from the former owner for the construction of the project, 2333
or one-quarter (1/4) mile of shoreline, whichever shall be the 2334
lesser. If this option is not exercised by the former owner 2335
within a period of thirty (30) days, the board shall accept the 2336
highest and best bid submitted. 2337
Any bona fide resident householder actually living or 2338
maintaining a residence on land taken by the district by 2339
condemnation shall have the right to repurchase his former land 2340
from the board of directors for a price not exceeding the price 2341
paid for condemning his land, plus any permanent improvements. 2342
In addition and notwithstanding any other provision in this 2343
section to the contrary, the board may lease or rent all or any 2344
portion of any property that it owns to any person, firm, or 2345
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corporation for the purpose of operating recreational facilities 2346
for profit or not for profit or for any other public purpose 2347
provided the land is open for the use of the general public or is 2348
otherwise used for the public benefit and upon any other terms and 2349
conditions as the board may determine. The leasing or renting of 2350
all or any portion of any such land upon said conditions shall 2351
require a resolution duly adopted by the board and shall be exempt 2352
from any bid requirements in this section. 2353
(f) To require the necessary relocation of roads and 2354
highways, railroad, telephone, and telegraph lines and properties, 2355
electric power lines, gas pipelines and mains and facilities in 2356
the project area, or to require the anchoring or other protection 2357
of any of these, provided due compensation is first paid the 2358
owners thereof or agreement is had with the owners regarding the 2359
payment of the cost of relocation. Further, the district is 2360
hereby authorized to acquire easements or rights-of-way in or 2361
outside of the project area for the relocation of roads, highways, 2362
railroad, telephone, and telegraph lines and properties, electric 2363
power lines, gas pipelines and mains and facilities, and to convey 2364
them to the owners thereof in connection with the relocation as a 2365
part of the construction of the project. However, the directors 2366
of the district shall not close any public access road to the 2367
project existing prior to the construction of the reservoir unless 2368
the board of supervisors of the county in which the road is 2369
located agrees thereto. 2370
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(g) To overflow and inundate any public lands and 2371
public property, including sixteenth section lands and in lieu 2372
lands, within the project area. 2373
(h) Consistent with Section 29-5-2.2, to construct, 2374
extend, improve, maintain and reconstruct, to cause to be 2375
constructed, extended, improved, maintained and reconstructed, and 2376
to use and operate all facilities of any kind within the project 2377
area necessary or convenient to the project and to the exercise of 2378
powers, rights, privileges and functions. 2379
(i) To sue and be sued in its corporate name. 2380
(j) To adopt, use, and alter a corporate seal. 2381
(k) To make bylaws for the management and regulation of 2382
its affairs. 2383
(l) To employ engineers, attorneys, and all necessary 2384
agents and employees to properly finance, construct, operate, and 2385
maintain the project and the plants and to pay reasonable 2386
compensation for these services; for all services in connection 2387
with the issuance of bonds as provided in this article, the 2388
attorney's fee shall not exceed one-quarter of one percent (1/4 of 2389
1%) of the principal amount of these bonds. For any other 2390
services, only reasonable compensation shall be paid for these 2391
services. The board shall have the right to employ a general 2392
manager, who shall, at the discretion of the board, have the power 2393
to employ and discharge employees. Without limiting the 2394
generality of the foregoing, it may employ fiscal agents or 2395
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advisors in connection with its financing program and in 2396
connection with the issuance of its bonds. 2397
(m) To make contracts and to execute instruments 2398
necessary or convenient to the exercise of the powers, rights, 2399
privileges, and functions conferred upon it by this article. 2400
(n) To make or cause to be made surveys and engineering 2401
investigations relating to the project, or related projects, for 2402
the information of the district to facilitate the accomplishment 2403
of the purposes for which it is created. 2404
(o) To apply for and accept grants from the United 2405
States of America, or from any corporation or agency created or 2406
designated by the United States of America, and to ratify and 2407
accept applications heretofore or hereafter made by voluntary 2408
associations to these agencies for grants to construct, maintain 2409
or operate any project or projects which hereafter may be 2410
undertaken or contemplated by the district. 2411
(p) To do any other acts or things necessary, 2412
requisite, or convenient to the exercising of the powers, rights, 2413
privileges or functions conferred upon it by this article or any 2414
other law. 2415
(q) To make contracts in the issuance of bonds that may 2416
be necessary to insure the marketability thereof. 2417
(r) Consistent with Section 29-5-2.2, to enter into 2418
contracts with municipalities, corporations, districts, public 2419
agencies, political subdivisions of any kind, and others for any 2420
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services, facilities or commodities that the project may provide. 2421
The district is also authorized to contract with any municipality, 2422
corporation, or public agency for the rental, leasing, purchase, 2423
or operation of the water production, water filtration or 2424
purification, water supply and distributing facilities of the 2425
municipality, corporation, or public agency upon consideration as 2426
the district and entity may agree. Any contract may be upon any 2427
terms and for any time as the parties may agree, and it may 2428
provide that it shall continue in effect until bonds specified 2429
therein, refunding bonds issued in lieu of these bonds, and all 2430
obligations are paid. Any contract with any political subdivision 2431
shall be binding upon these political subdivisions according to 2432
its terms, and the municipalities or other political subdivisions 2433
shall have the power to enter into these contracts as in the 2434
discretion of the governing authorities thereof would be to the 2435
best interest of the people of the municipality or other political 2436
subdivision. These contracts may include, within the discretion 2437
of the governing authorities, a pledge of the full faith and 2438
credit of the political subdivisions for the performance thereof. 2439
(s) To fix and collect charges and rates for any 2440
services, facilities or commodities furnished by it in connection 2441
with the project, and to impose penalties for failure to pay these 2442
charges and rates when due. 2443
(t) To operate and maintain within the project area, 2444
with the consent of the governing body of any city or town located 2445
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within the district, any works, plants or facilities of any city 2446
deemed necessary or convenient to the accomplishment of the 2447
purposes for which the district is created. 2448
(u) Subject to the provisions of this article and 2449
Section 29-5-2.2, from time to time to lease, sell, or otherwise 2450
lawfully dispose of any property of any kind, real, personal, or 2451
mixed, or any interest therein within the project area or acquired 2452
outside the project area as authorized in this article, for the 2453
purpose of furthering the business of the district. 2454
(v) When, in the opinion of the board of directors as 2455
shown by resolution duly passed, it shall not be necessary to the 2456
carrying on of the business of the district that the district own 2457
any lands acquired, the board shall advertise these lands for sale 2458
to the highest and best bidder for cash and shall receive and 2459
publicly open the bids thereon. The board shall, by resolution, 2460
determine the highest and best bid submitted for the land and 2461
shall thereupon notify the former owner, his/her heirs or 2462
devisees, by registered mail of the land to be sold and the 2463
highest and best bid received therefor, and the former owner, or 2464
his/her heirs or devisees, shall have the exclusive right at 2465
his/her or their option for a period of thirty (30) days in which 2466
to meet such highest and best bid and to purchase the property. 2467
(i) The board may transfer title to that certain 2468
property known as the Trace State Park in Pontotoc County to the 2469
Department of Environmental Quality; provided, however, that any 2470
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of the property that is under current lease shall not be included 2471
in the transfer. Such transfer of title shall require a 2472
resolution duly adopted by the board and by the Commission on 2473
Environmental Quality and shall be exempt from any bid 2474
requirements herein. In addition, the board may transfer title to 2475
that certain property known as the Elvis Presley Park in Lee 2476
County to Lee County, Mississippi, upon the terms and conditions 2477
as it may determine. The transfer of title shall require a 2478
resolution duly adopted by the board and shall be exempt from any 2479
bid requirement in this section. In addition, the board may 2480
transfer title to all or any portion of that certain property 2481
known as the Elvis Presley Park in Lee County to the Mississippi 2482
Department of Wildlife, Fisheries and Parks upon the terms and 2483
conditions as it may determine, including, but not limited to, 2484
authorizing the board to pay the sum of Two Hundred Thousand 2485
Dollars ($200,000.00) to the Mississippi Department of Wildlife, 2486
Fisheries and Parks at the time of the transfer with such funds to 2487
be used by the Mississippi Department of Wildlife, Fisheries and 2488
Parks for the construction of an office building on the Elvis 2489
Presley Park for use by the Mississippi Department of Wildlife, 2490
Fisheries and Parks. Such transfer of title and the payment of 2491
such sum of money shall require a resolution duly adopted by the 2492
board and by the Mississippi Department of Wildlife, Fisheries and 2493
Parks and shall be exempt from any bid requirement in this 2494
section. 2495
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(ii) The board may transfer title to the property 2496
known as Kemper Lake in Kemper County, Mississippi, to the Kemper 2497
County Board of Supervisors, upon the terms and conditions as it 2498
may determine, including, but not limited to, authorizing the 2499
board to pay the sum of Forty Thousand Dollars ($40,000.00) for 2500
costs associated with pavilion repairs and improvements, to the 2501
Kemper County Board of Supervisors at the time of the transfer. 2502
Such transfer of title and the payment of such sum of money shall 2503
require a resolution duly adopted by the board and shall be exempt 2504
from any bid requirement in this section. 2505
In addition, upon the transfer of title of the property known 2506
as Kemper Lake from the board to the Kemper County Board of 2507
Supervisors, the Kemper County Board of Supervisors may transfer 2508
title to all or any portion of the property known as Kemper Lake 2509
in Kemper County, Mississippi, to any water management district 2510
that meets certain criteria as prescribed by the Kemper County 2511
Board of Supervisors, upon the terms and conditions as it may 2512
determine. Such transfer of title shall require a resolution duly 2513
adopted by the Kemper County Board of Supervisors and by such 2514
water management district, and shall be exempt from any bid 2515
requirement in this section. 2516
(w) To prevent or aid in the prevention of damages to 2517
persons or property from the waters of the Tombigbee River or any 2518
of its tributaries. 2519
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(x) Consistent with Section 29-5-2.2, to acquire by 2520
purchase, lease, gift or in any other manner (otherwise than by 2521
condemnation) and to maintain, use, and operate all property of 2522
any kind, real, personal, or mixed, or any interest therein within 2523
the project area, within or without the boundaries of the 2524
district, necessary for the project and convenient to the exercise 2525
of the powers, rights, privileges and functions conferred upon the 2526
district by this article. 2527
(y) In the purchase of or in the entering into of all 2528
lease-purchase agreements for supplies, equipment, heavy 2529
equipment, and the like, the directors shall in all instances 2530
comply with the provisions of law pertaining to public purchases 2531
by public bids on these supplies and equipment. 2532
(z) In addition to, or in conjunction with, any other 2533
powers and duties of the district arising under this chapter, to 2534
exercise those powers, duties and functions of a joint water 2535
management district set forth in Sections 51-8-27 through 51-8-55, 2536
except the power of eminent domain under Section 51-8-33. Before 2537
exercising those powers and duties, the district must comply with 2538
the provisions of Sections 51-8-63 and 51-8-65. In exercising the 2539
functions of a joint water management district, the district may 2540
apply to the Environmental Quality Permit Board for delegation of 2541
those powers and duties as provided by Section 51-3-15, and to 2542
apply to the Mississippi Commission on Environmental Quality for 2543
delegation of those powers and duties provided by Section 51-3-21. 2544
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SECTION 16. Section 51-15-119, Mississippi Code of 1972, is 2545
amended as follows: 2546
51-15-119. (1) The Pat Harrison Waterway District through 2547
its board of directors is hereby empowered: 2548
(a) To develop in conjunction with the United States 2549
Army Corps of Engineers, United States Secretary of Agriculture, 2550
or with the head of any other federal or state agency as may be 2551
involved, plans for public works of improvement to make navigable 2552
or for the prevention of flood water damage, or the conservation, 2553
development, recreation, utilization and disposal of water, 2554
including the impoundment, diversion, flowage and distribution of 2555
waters for beneficial use as defined in Article 1 of this chapter, 2556
and in connection with the Oktibbeha River Basin project as 2557
authorized under Public Law 874, 87th Congress, October 23, 1962, 2558
and substantially in accordance with the recommendation of the 2559
Chief of Engineers in House Document 549 of the 87th Congress. 2560
(b) To impound overflow water and the surface water of 2561
any streams in the Pat Harrison Waterway District or its 2562
tributaries within the project area, within or without the 2563
district, at the place or places and in the amount as may be 2564
approved by the Office of Land and Water Resources of the State of 2565
Mississippi, by the construction of a dam or dams, reservoir or 2566
reservoirs, work or works, plants and any other necessary or 2567
useful related facilities contemplated and described as a part of 2568
the project within and without the district, to control, store, 2569
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and preserve these waters, and to use, distribute, and sell them, 2570
to construct or otherwise acquire within the project area all 2571
works, plants or other facilities necessary or useful to the 2572
project for processing the water and transporting it to cities and 2573
other facilities necessary or useful to the project for the 2574
purpose of processing the water and transporting it to cities and 2575
other facilities for domestic, municipal, commercial, industrial, 2576
agricultural and manufacturing purposes, and is hereby given the 2577
power to control open channels for water delivery purposes and 2578
water transportation. 2579
(c) To acquire and develop any other available water 2580
necessary or useful to the project and to construct, acquire, and 2581
develop all facilities within the project area deemed necessary or 2582
useful with respect thereto. 2583
(d) To forest and reforest and to aid in the foresting 2584
and reforesting of the project area, and to prevent and aid in the 2585
prevention of soil erosion and flood within the area; to control, 2586
store and preserve within the boundaries of the project area the 2587
waters of any streams in the area, for irrigation of lands and for 2588
prevention of water pollution. 2589
(e) To acquire by condemnation all property of any 2590
kind, real, personal or mixed, or any interest therein, within or 2591
without the boundaries of the district, necessary for the project 2592
and the exercise of the powers, rights, privileges and functions 2593
conferred upon the district by this article, according to the 2594
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procedure provided by law for the condemnation of lands or other 2595
property taken for rights-of-way or other purposes by railroad, 2596
telephone or telegraph companies and according to the provisions 2597
of Sections 29-1-1 and 29-5-2.2. For the purposes of this article 2598
the right of eminent domain of the district shall be superior and 2599
dominant to the right of eminent domain of railroad, telegraph, 2600
telephone, gas, power and other companies or corporations and 2601
shall be sufficient to enable the acquisition of county roads, 2602
state highways or other public property in the project area, and 2603
the acquisition or relocation of this property in the project 2604
area. The cost of right-of-way purchases, rerouting and elevating 2605
all other county-maintained roads affected by construction shall 2606
be borne by the water management district, and new construction 2607
shall be of equal quality as in roads existing as of June 1, 1962. 2608
The county in which such work is done may assist in these costs if 2609
the board of supervisors desires. 2610
The amount and character of interest in land, other property 2611
and easements to be acquired shall be determined by the board of 2612
directors, and their determination shall be conclusive and shall 2613
not be subject to attack in the absence of manifold abuse of 2614
discretion or fraud on the part of such board in making this 2615
determination. However: 2616
(i) In acquiring lands, either by negotiation or 2617
condemnation, the district shall not acquire minerals or royalties 2618
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within the project area; sand and gravel shall not be considered 2619
as minerals within the meaning of this section; and 2620
(ii) No person or persons owning the drilling 2621
rights or the right to share in production shall be prevented from 2622
exploring, developing or producing oil or gas with necessary 2623
rights-of-way for ingress and egress, pipelines and other means of 2624
transporting these products by reason of the inclusion of the 2625
lands or mineral interests within the project area, whether below 2626
or above the waterline, but any activities shall be under 2627
reasonable regulations by the board of directors that will 2628
adequately protect the project; and 2629
(iii) In drilling and developing, these persons 2630
are hereby vested with a right to have mineral interests 2631
integrated and their lands developed in the drilling unit or units 2632
that the State Oil and Gas Board shall establish after due 2633
consideration of the rights of all owners to be included in the 2634
drilling unit. 2635
Moreover, when any site or plot of land is to be rented, 2636
leased or sold to any person, firm or corporation for the purpose 2637
of operating recreational facilities thereon for profit, the board 2638
shall, by resolution, specify the terms and conditions of the 2639
sale, rental or lease, and shall advertise for public bids 2640
thereon. When these bids are received, they shall be publicly 2641
opened by the board, and the board shall thereupon determine the 2642
highest and best bid submitted and shall immediately notify the 2643
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former owner of the site or plot of the amount, terms and 2644
conditions of the highest and best bid. The former owner of the 2645
site or plot shall have the exclusive right at his option, for a 2646
period of thirty (30) days after written notice is received by the 2647
land owner of the determination of the highest and best bid by the 2648
board, to rent, lease or purchase the site or plot of land by 2649
meeting the highest and best bid and by complying with all terms 2650
and conditions of renting, leasing or sale as specified by the 2651
board. However, the board shall not in any event rent, lease or 2652
sell to any former owner more land than was taken from the former 2653
owner for the construction of the project, or one-quarter (1/4) 2654
mile of shore line, whichever is lesser. If this option is not 2655
exercised by the former owner within a period of thirty (30) days, 2656
the board shall accept the highest and best bid submitted. 2657
Any bona fide, resident householder actually living or 2658
maintaining a residence on land taken by the district by 2659
condemnation shall have the right to repurchase his former land 2660
from the board of directors for a price not exceeding the price 2661
paid for his land, plus any permanent improvements and plus the 2662
cost of condemnation. 2663
(f) To require the necessary relocation of roads and 2664
highways, railroad, telephone and telegraph lines and properties, 2665
electric power lines, pipelines, and mains and facilities in the 2666
project area, or to require the anchoring or other protection of 2667
any of these, provided due compensation is first paid the owners 2668
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thereof or agreement is had with the owners regarding the payment 2669
of the cost of relocation. Further, the district is hereby 2670
authorized to acquire easements or rights-of-way in or outside of 2671
the project area for the relocation of roads, highways, railroad, 2672
telephone and telegraph lines and properties, electric power 2673
lines, pipelines, and mains and facilities, and to convey them to 2674
the owners thereof in connection with the relocation as a part of 2675
the construction of the project. However, the directors of the 2676
district shall not close any public access road to the project 2677
existing prior to the construction of the reservoir unless the 2678
board of supervisors of the county in which the road is located 2679
agrees. 2680
(g) To overflow and inundate any public lands and 2681
public property, including sixteenth section lands and in lieu 2682
lands, within the project area. 2683
(h) Consistent with Section 29-5-2.2, to construct, 2684
extend, improve, maintain and reconstruct, to cause to be 2685
constructed, extended, improved, maintained and reconstructed, and 2686
to use and operate all facilities of any kind within the project 2687
area necessary or convenient to the project and to the exercise of 2688
powers, rights, privileges and functions. 2689
(i) To sue and be sued in its corporate name. 2690
(j) To adopt, use and alter a corporate seal. 2691
(k) To make bylaws for the management and regulation of 2692
its affairs. 2693
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(l) To employ engineers, attorneys, who may or may not 2694
be a director, and all necessary agents and employees to properly 2695
finance, construct, operate and maintain the projects and the 2696
plants, and to pay reasonable compensation for these services; for 2697
all services in connection with the issuance of bonds as provided 2698
in this article, the attorney's fee shall not exceed one percent 2699
(1%) of the principal amount of these bonds. For any other 2700
services, only reasonable compensation shall be paid for those 2701
services. The board shall have the right to employ a general 2702
manager or executive director, who shall, at the discretion of the 2703
board, have the power to employ and discharge employees. Without 2704
limiting the generality of the foregoing, it may employ fiscal 2705
agents or advisors in connection with its financing program and in 2706
connection with the issuance of its bonds. 2707
(m) To make contracts and to execute instruments 2708
necessary or convenient to the exercise of the powers, rights, 2709
privileges and functions conferred upon it by this article. 2710
(n) To make or cause to be made surveys and engineering 2711
investigations relating to the project, or related projects, for 2712
the information of the district to facilitate the accomplishment 2713
of the purposes for which it is created. 2714
(o) To apply for and accept grants from the United 2715
States of America or from any corporation or agency created or 2716
designated by the United States of America, and to ratify and 2717
accept applications heretofore or hereafter made by voluntary 2718
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associations to these agencies for grants to construct, maintain 2719
or operate any project or projects which hereafter may be 2720
undertaken or contemplated by the district. 2721
(p) To do all other acts or things necessary, 2722
requisite, or convenient to the exercising of the powers, rights, 2723
privileges or functions conferred upon it by this article or any 2724
other law. 2725
(q) To make such contracts in the issuance of bonds 2726
that may be necessary to ensure the marketability thereof. 2727
(r) Consistent with Section 29-5-2.2, to enter into 2728
contracts with municipalities, corporations, districts, public 2729
agencies, political subdivisions of any kind, and others for any 2730
services, facilities or commodities that the project may provide. 2731
The district is also authorized to contract with any municipality, 2732
corporation or public agency for the rental, leasing, purchase or 2733
operation of the water production, water filtration or 2734
purification, water supply and distributing facilities of the 2735
municipality, corporation or public agency upon consideration as 2736
the district and entity may agree. Any contract may be upon any 2737
terms and for any time as the parties may agree, and it may 2738
provide that it shall continue in effect until bonds specified 2739
therein and refunding bonds issued in lieu of these bonds and all 2740
obligations are paid. Any contract with any political subdivision 2741
shall be binding upon the political subdivisions according to its 2742
terms, and the municipalities or other political subdivisions 2743
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shall have the power to enter into these contracts as in the 2744
discretion of the governing authorities thereof would be to the 2745
best interest of the people of the municipality or other political 2746
subdivisions. These contracts may include within the discretion 2747
of the governing authorities a pledge of the full faith and credit 2748
of the political subdivisions for the performance thereof. 2749
(s) To fix and collect charges and rates for any 2750
services, facilities or commodities furnished by it in connection 2751
with the project, and to impose penalties for failure to pay these 2752
charges and rates when due. 2753
(t) To operate and maintain within the project area, 2754
with the consent of the governing body of any city or town located 2755
within the district, any works, plants or facilities of any city 2756
deemed necessary or convenient to the accomplishment of the 2757
purposes for which the district is created. 2758
(u) Subject to the provisions of this article and 2759
Section 29-5-2.2, from time to time to lease, sell or otherwise 2760
lawfully dispose of property of any kind, real, personal or mixed, 2761
or any interest therein within the project area or acquired 2762
outside the project area as authorized in this article, for the 2763
purpose of furthering the business of the district. 2764
(v) When, in the opinion of the board of directors as 2765
shown by resolution duly passed, it shall not be necessary to the 2766
carrying on of the business of the district that the district own 2767
any lands acquired, the board shall advertise the lands for sale 2768
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to the highest and best bidder for cash, and shall receive and 2769
publicly open the bids thereon. The board shall, by resolution, 2770
determine the highest and best bid submitted for the land and 2771
shall thereupon notify the former owner, his/her heirs or 2772
devisees, by registered mail of the land to be sold and the 2773
highest and best bid received therefor, and the former owner, or 2774
his/her heirs or devisees, shall have the exclusive right at 2775
his/her or their option for a period of thirty (30) days in which 2776
to meet such highest and best bid and to purchase such property. 2777
(w) To prevent or aid in the prevention of damage to 2778
person or property from the waters of the Pascagoula River or any 2779
of its tributaries. 2780
(x) Consistent with Section 29-5-2.2, to acquire by 2781
purchase, lease, gift or in any other manner (otherwise than by 2782
condemnation) and to maintain, use and operate all property of any 2783
kind, real, personal or mixed, or any interest therein within the 2784
project area, within or without the boundaries of the district, 2785
necessary for the project and convenient to the exercise of the 2786
powers, rights, privileges and functions conferred upon the 2787
district by this article. 2788
(y) In the purchase of or in the entering into of all 2789
lease purchase agreements for supplies, equipment, heavy equipment 2790
and the like, the directors shall in all instances comply with the 2791
provisions of law pertaining to public purchases by public bids on 2792
these supplies and equipment. 2793
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(z) To designate employees as peace officers with the 2794
power to make arrests for violations of regulations of the 2795
district. The officers are authorized to carry weapons and to 2796
enforce the laws of the state within the confines of district 2797
parks and property. Any employee so designated is required to 2798
obtain and maintain certification pursuant to Section 45-6-1 et 2799
seq. 2800
(aa) To contract with persons, who are certified 2801
according to the minimum standards established by the Board on Law 2802
Enforcement Officer Standards and Training under Section 45-6-1 et 2803
seq., to serve as peace officers with the power to make arrests 2804
for violations of regulations of the district. Such officers are 2805
authorized to carry weapons and to enforce the laws of the state 2806
within the confines of district parks and property. All persons 2807
with which the district has contracted under this paragraph (aa) 2808
shall be independent contractors and shall not be considered as 2809
employees under Chapter 46, Title 11, Mississippi Code of 1972. 2810
(bb) To: (i) receive and expend funds that are made 2811
available to it under the provisions of the federal American 2812
Recovery and Reinvestment Act of 2009 (ARRA), and/or from any 2813
other source, to construct a lake and related structures and 2814
facilities in George County, Mississippi, if the funds received by 2815
the district may be used for that purpose; (ii) obtain any 2816
information and research regarding construction of the lake and 2817
related structures and facilities from the Department of Wildlife, 2818
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Fisheries and Parks; and (iii) to receive and expend any funds 2819
made available to the district from the Department of Wildlife, 2820
Fisheries and Parks for the construction of the lake and related 2821
structures and facilities. 2822
(2) The board of directors shall annually prepare a 2823
five-year plan containing a prioritized list detailing the 2824
purposes, goals and projected costs of projects which it intends 2825
to implement or is in the process of implementing and shall file 2826
such plans with the clerk of the board of supervisors of each 2827
member county, with the clerk of each member municipality, and 2828
with the Chairmen of the House and Senate Appropriations 2829
Committees on or before July 15 of each year. 2830
(3) The board of directors shall, after completion of the 2831
annual audit of the district and upon receipt of the written 2832
report thereon, file a copy of such audit with the clerk of the 2833
board of supervisors of each member county, and with the clerk of 2834
each member municipality. 2835
SECTION 17. Section 55-24-9, Mississippi Code of 1972, is 2836
amended as follows: 2837
55-24-9. Consistent with Section 29-5-2.2, the Mississippi 2838
Coast Coliseum Commission, a political subdivision of the State of 2839
Mississippi, shall have jurisdiction and authority over matters 2840
relating to promoting, developing, maintaining and operating a 2841
multipurpose coliseum and related facilities within Harrison 2842
County, Mississippi. Multipurpose coliseum and related facilities 2843
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shall include a multipurpose coliseum or arena facility, a 2844
convention center and facility grounds, as well as any lands 2845
purchased by or on the behalf of the commission. From and after 2846
July 1, 2016, any development and/or any land acquired by or on 2847
behalf of the commission, shall be subject to the Land Development 2848
Ordinances of the City of Biloxi. Such commission is authorized 2849
to acquire lands by purchase, gift or the exercise of eminent 2850
domain as provided by Section 11-27-1 et seq., above or below mean 2851
high-water mark subject to the approval of the Harrison County 2852
Board of Supervisors. The acquisition of lands below mean 2853
high-water mark by the commission for the purposes authorized 2854
herein are declared to be in all respects for the benefit of the 2855
people of the State of Mississippi, a public purpose, and an 2856
essential governmental function in the exercise of the powers 2857
conferred upon them by such act. 2858
Consistent with Section 29-5-2.2, the commission, acting on 2859
behalf of the State of Mississippi, shall have the right to 2860
reclaim submerged lands for the purpose of constructing a 2861
multipurpose coliseum and related facilities, and to acquire in 2862
its name on behalf of the state any estate or property right 2863
therein or in other land necessary to the purpose of this chapter 2864
by purchase, gift, deed or other transfer, subject to the approval 2865
of the Harrison County Board of Supervisors. Title to all oil, 2866
gas and other minerals in, on or under any lands, title to which 2867
is held by the State of Mississippi on August 8, 1968, shall be 2868
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reserved unto the State of Mississippi, and all income derived 2869
from the sale or lease of such minerals shall inure to the benefit 2870
of the State of Mississippi for such purposes as the Legislature 2871
may direct. Provided, that prior to utilization of lands in which 2872
title vests in the State of Mississippi, a description of such 2873
land shall be submitted to the Department of Finance and 2874
Administration and said utilization shall not be commenced until 2875
or unless approval of such utilization is given by the Department 2876
of Finance and Administration. 2877
The commission is authorized to own, furnish, equip and 2878
operate the multipurpose coliseum and facilities and equipment 2879
necessary or useful in the operation of such multipurpose coliseum 2880
and related facilities; to receive and expend, subject to the 2881
provisions of this chapter and the approval of the commission's 2882
annual budget by the Harrison County Board of Supervisors, 2883
revenues from any source, including the operation of the 2884
multipurpose coliseum and related facilities; and to do all other 2885
things necessary to carry out the purposes of this chapter. 2886
The commission is authorized and directed to adopt uniform 2887
rules and regulations regarding the granting of contracts that are 2888
less than one hundred eighty (180) days for franchises, licenses, 2889
contracts or lease agreements, or the granting of contracts that 2890
are less than one hundred eighty (180) days for the use, operation 2891
and maintenance of the premises, and to publish the uniform rules 2892
and regulations for three (3) consecutive weeks in a newspaper 2893
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having a general circulation in the county and fixing a time and 2894
place not more than ten (10) days after the last publication to 2895
receive and hear objections to such rules and regulations. The 2896
commission shall also publish such information on commission and 2897
county websites during the same time period as the newspaper 2898
publication. In addition, a copy of such rules and regulations or 2899
any revisions or amendments thereto shall be filed with the Clerk 2900
of the Harrison County Board of Supervisors. The commission may 2901
revise or amend such rules and regulations but such revisions 2902
shall be uniform and shall not be adopted unless the commission 2903
shall publish the proposed change and hold a public hearing as 2904
required by this section. 2905
Before any contract that is more than one hundred eighty 2906
(180) days for a franchise, license, contract or lease agreement 2907
may be granted, the commission shall notify the Harrison County 2908
Board of Supervisors and publish its intent to grant such 2909
franchise, license, contract or lease agreement and the conditions 2910
upon which same shall be granted. Such publication shall be made 2911
for three (3) consecutive weeks in a newspaper having a general 2912
circulation in Harrison County. Such publication shall also be 2913
made on the commission and county websites during the same time 2914
period as the newspaper publication. All bids received shall be 2915
sealed, and shall be opened at a date, time and place set forth in 2916
the publications, which date shall not be less than five (5) days 2917
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nor more than ten (10) days after the last day of such 2918
publications. 2919
Unless the commission shall find that the successful bidder 2920
cannot demonstrate financial responsibility to comply with the 2921
terms and conditions of the franchise, license, contract or lease 2922
agreement or cannot perform the services required thereunder, it 2923
shall, subject to the limitations set forth under this chapter, 2924
recommend the granting of the franchise, license, contract or 2925
lease agreement to the bidder whose proposal shall be in the best 2926
financial interest of the commission. 2927
Any person aggrieved by any action of the commission may 2928
appeal to the Circuit Court of Harrison County in the manner 2929
provided for appeals from orders of the board of supervisors. 2930
The commission is granted the power to sue and be sued in its 2931
own name, and the commission is authorized to take liability 2932
insurance on the operation of the facilities in an amount equal to 2933
the extent of its liability for claims or causes of action arising 2934
from acts or omissions as provided in Section 11-46-15; provided, 2935
however, that immunity from suit is only waived to the extent of 2936
such liability insurance carried, and a judgment creditor shall 2937
have recourse only to the proceeds or right to proceeds of such 2938
liability insurance. No attempt shall be made in the trial of any 2939
case to suggest the existence of any insurance which covers, in 2940
whole or in part, any judgment or award rendered in favor of a 2941
claimant, but if the verdict rendered by the jury exceeds the 2942
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limit of applicable insurance, the court on motion shall reduce 2943
the amount of said judgment to a sum equal to the applicable limit 2944
stated in the insurance policy. 2945
The commission shall prepare an annual budget specifically 2946
describing the proposed receipt and expenditure of all funds from 2947
any source whatsoever, and such budget shall be approved by the 2948
Harrison County Board of Supervisors. If the commission desires 2949
to take any action associated with the receipt or expenditure of 2950
funds which deviates from the annual budget, such individual 2951
action shall be subject to the approval of the Harrison County 2952
Board of Supervisors. 2953
The commission is granted the power to invest funds credited 2954
to the Mississippi Coast Coliseum Commission Operating Fund, the 2955
commission is vested with authority to designate depositories of 2956
its funds, and to deposit the funds in interest-bearing accounts. 2957
Provided, however, all funds in excess of ninety (90) days' 2958
operating expenses, to the extent practicable, shall be invested 2959
in Treasury bills or in interest-bearing accounts or approved 2960
securities to include, but not limited to, United States Treasury 2961
bills and United States Treasury notes and bonds, federal agency 2962
securities or mortgage-backed securities guaranteed as to 2963
repayment of principal by the government or an agency of such 2964
government, certificates of deposit fully covered by insurance 2965
administered by the Federal Deposit Insurance Corporation or 2966
covered by pledged securities, repurchase agreements and 2967
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short-term money market funds invested in United States government 2968
and United States government agencies. 2969
The commission is authorized to contract with any agency of 2970
the United States or the State of Mississippi for a loan or grant, 2971
subject to the approval of the Harrison County Board of 2972
Supervisors and to give such agency any assurances of compliance 2973
with federal or state laws which are not in conflict with the laws 2974
of the State of Mississippi. It is the intent and purpose of this 2975
chapter that the Coliseum Commission cooperate with agencies 2976
administering the National Seashore Act of 1970. 2977
Whenever any real or personal property belonging to the 2978
commission shall cease to be used or needed for the commission's 2979
purposes, the commission may recommend to the Harrison County 2980
Board of Supervisors that it sell, exchange or lease the property 2981
on such terms as the commission may propose. No lease of surplus 2982
real property may exceed a term of ninety-nine (99) years. The 2983
deed of conveyance in such transactions shall be executed in the 2984
name of the commission by the Harrison County Board of Supervisors 2985
pursuant to order issued on the minutes of its meetings. In any 2986
sale, exchange or lease of real property, the commission shall 2987
retain all mineral rights that it owns, together with the right of 2988
ingress and egress to remove same. Before any sale, exchange or 2989
lease is made, the commissioners shall publish at least once each 2990
week for three (3) consecutive weeks, in a public newspaper of 2991
Harrison County, Mississippi, and on the commission and county 2992
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websites the intention to sell, exchange or lease, as the case may 2993
be, the real or personal property and to accept sealed competitive 2994
bids for the sale, exchange or lease. The commissioners shall 2995
thereafter accept bids for the sale, exchange or lease, and the 2996
property shall be sold, exchanged or leased to the highest and 2997
best bidder in the manner provided by law. However, whenever the 2998
commissioners shall find and determine, by resolution duly and 2999
lawfully adopted and spread upon its minutes: (a) that any 3000
commission-owned real property is no longer needed for commission 3001
purposes and is not to be used in the operation of a multipurpose 3002
coliseum and related facilities, (b) that the sale, exchange or 3003
lease of such property in the manner otherwise provided for herein 3004
is necessary or desirable for the financial welfare of a 3005
multipurpose coliseum and related facilities, and (c) that the use 3006
of such property for the purpose for which it is to be sold, 3007
exchanged or leased will promote and foster the development and 3008
improvement of the multipurpose coliseum and related facilities, 3009
the commissioners may recommend to the Harrison County Board of 3010
Supervisors that it sell, exchange or lease the property without 3011
having to advertise for and accept competitive bids. In any case 3012
in which the commission proposes to sell or exchange real property 3013
under the provisions of this section without advertising for and 3014
accepting competitive bids, the Harrison County Board of 3015
Supervisors must approve such proposal, and consideration for the 3016
sale or exchange of the real property shall be not less than the 3017
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average of the fair market price for the property as determined by 3018
three (3) professional property appraisers selected by the 3019
commission and approved by the purchaser or devisee and the 3020
Harrison County Board of Supervisors. Appraisal fees shall be 3021
shared equally by the commission and the purchaser or devisee. 3022
The enumeration of any specific rights and powers contained 3023
herein or elsewhere in this chapter where followed by general 3024
powers shall not be construed in the restrictive sense but rather 3025
in as broad and comprehensive sense as possible to effectuate the 3026
purposes and intent of this chapter. 3027
SECTION 18. Section 57-1-23, Mississippi Code of 1972, is 3028
amended as follows: 3029
57-1-23. (1) The several municipalities of this state, 3030
including counties, judicial districts of counties having two 3031
judicial districts, supervisors districts, cities, towns or 3032
villages, whether existing under special charters or otherwise, 3033
hereinabove called "municipalities," are hereby authorized and 3034
empowered to make effective the provisions herein contained, for 3035
the general welfare of the state and of the several municipalities 3036
thereof. When and after such municipality shall have obtained 3037
therefor a certificate of public convenience and necessity, under 3038
the provisions of Sections 57-1-19 and 57-1-21, and complied with 3039
the provisions of Section 29-5-2.2, then it may acquire land by 3040
purchase, gift, eminent domain or otherwise for any such 3041
enterprise so thus approved, and may directly or by contract, such 3042
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contract to be entered into and governed as now provided by law 3043
for other public contracts entered into by boards of supervisors, 3044
erect such buildings and structures as may be essential for such 3045
enterprise, may obtain for such enterprise the requisite 3046
appliances and equipment, and may operate such enterprise. The 3047
power thus to do is hereby generally conferred upon all such 3048
municipalities, and shall be in addition to all other powers now 3049
possessed without in anywise limiting or circumscribing them. 3050
(2) Consistent with Section 29-5-2.2, any city or town in 3051
this state situated in a county bordering on the Mississippi River 3052
and situated not more than five miles from the proposed industrial 3053
site or location of any industrial plant or proposed site of such 3054
plant, authorized to be established, built and erected under the 3055
terms of Sections 57-1-1 through 57-1-51, such distance to be 3056
measured between the corporate line of any such city or town 3057
nearest such proposed site and the boundary of such proposed site 3058
nearest such corporate line, is hereby authorized and empowered to 3059
join with another municipality and subdivisions of government, as 3060
defined hereinabove, in the creation, establishment, acquisition, 3061
ownership, control, sale, lease, disposition and disposal of any 3062
such plant, plant site and/or other property, real and personal, 3063
acquired, owned, or otherwise possessed and controlled under 3064
authority of Sections 57-1-1 through 57-1-51, notwithstanding the 3065
fact that the said, or proposed, plant, plant site, and/or other 3066
property, real or personal, is situated in another supervisors 3067
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district other than the supervisors district in which such city or 3068
town is situated. In all cases provided for in this subsection, 3069
all authority, powers, privileges and rights provided for in 3070
Sections 57-1-1 through 57-1-51, shall be and are hereby conferred 3071
upon and vested in such city or town and such other municipality 3072
as may join therewith, as herein authorized. 3073
SECTION 19. Section 59-5-35, Mississippi Code of 1972, is 3074
amended as follows: 3075
59-5-35. Consistent with Section 29-5-2.2, the board, acting 3076
jointly with the state port authority, is authorized to set aside, 3077
or lease all or portions of any lands, roads, docks, sheds, 3078
warehouses, elevators, compresses, floating dry docks, graving 3079
docks, marine railways, tugboats, or any other necessary or useful 3080
improvements constructed or acquired by it to individuals, firms, 3081
or corporations, public or private, for port, harbor, commercial 3082
or industrial purposes for a period not to exceed ninety-nine (99) 3083
years, or to execute a conveyance of sale, except as otherwise 3084
limited by law, on such terms and conditions and with such 3085
safeguards as would best promote and protect the public interest. 3086
Any industrial lease of lands may be executed upon such terms and 3087
conditions and for such monetary rental or other consideration as 3088
may be found adequate and approved by the board in orders or 3089
resolutions authorizing the same. Any covenants and agreements of 3090
the lessee to make expenditures in determined amounts, and within 3091
such time or times, for improvements to be erected upon the land, 3092
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by such lessee and to conduct thereon industrial and/or other 3093
operations in such aggregate payroll amounts and for such period 3094
of time as may be determined and defined in such lease, and to 3095
give preference in employment where practical to residents of the 3096
State of Mississippi, and to qualified residents of the city and 3097
of the county in which such port or harbor is located, shall if 3098
included in such lease constitute and be deemed sufficient 3099
consideration for the execution of any such lease in the absence 3100
of monetary rental or other considerations; and such instrument 3101
may contain reasonable provisions giving the lessee the right to 3102
remove its or his improvements upon the termination of the lease. 3103
All leases theretofore made by any port commission, port 3104
authority, or other public agency authorized by law to execute 3105
leases for port, harbor, commercial or industrial improvements, 3106
which leases are now in effect or which may be hereafter executed 3107
by any such public agency or by the board, and all structures and 3108
all improvements and other permanent facilities erected, installed 3109
or located by such lessees or their successors or assignees within 3110
the limits of any port, harbor or part thereof, may be free and 3111
exempt from all state, county, and municipal ad valorem taxes if 3112
so stipulated in such lease, and for such period as may be fixed 3113
in such lease. 3114
SECTION 20. Section 59-5-39, Mississippi Code of 1972, is 3115
amended as follows: 3116
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59-5-39. For the acquiring of rights-of-way, land and 3117
property including existing easements, restrictive covenants and 3118
reversionary estates necessary for the purposes herein authorized, 3119
the board shall have the right and power to acquire the same by 3120
purchase, negotiation or condemnation, * * * consistent with 3121
Section 29-5-2.2. Should it elect to exercise the right of 3122
eminent domain, it may proceed in the manner provided by the 3123
general laws of the State of Mississippi for procedure by any 3124
county, municipality or corporation organized under the laws of 3125
this state, or in any other manner provided by law. The power of 3126
eminent domain shall apply not only as to all property of private 3127
persons or corporations, but also as to property already devoted 3128
to public use including leaseholds, excepting interests in 3129
property owned by levee boards, drainage districts or other flood 3130
control agencies. However, the board shall have no authority to 3131
acquire without the consent of the owner thereof any property 3132
operated and used for port, harbor or industrial purposes or such 3133
purposes as the board is authorized to acquire and use property 3134
for, unless an actual necessity therefor be alleged and proven. 3135
The board is authorized to accept donations of lands, rights 3136
therein, monies and materials required for the maintenance or 3137
development of any port or harbor. The board may exchange any 3138
property or properties acquired under the authority of this 3139
chapter for other property or properties usable in carrying out 3140
the powers hereby conferred, and also remove from lands needed for 3141
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its purposes and reconstruct on other locations, buildings, 3142
utilities, terminals, railroads or other structures upon the 3143
payment of just compensation, if it is necessary so to do in order 3144
to carry out any of its plans for port development. The title to 3145
all land or property acquired under the authority of this chapter 3146
shall vest in the State of Mississippi. Nothing contained in this 3147
section shall be construed to authorize the taking by eminent 3148
domain of any private property except for necessary public use. 3149
SECTION 21. Section 59-7-211, Mississippi Code of 1972, is 3150
amended as follows: 3151
59-7-211. In all such counties * * * described in Section 3152
59-7-201, upon and with the approval of the board of supervisors 3153
and consistent with Section 29-5-2.2, the port commission shall 3154
have the power and authority to sell or lease any lands or 3155
easements acquired by any such county in conjunction with the 3156
establishment and construction of any port or harbor under the 3157
jurisdiction of said commission for the purposes of industrial 3158
development, but the terms and provisions of any such sales or 3159
lease shall include limitations as to the use of such lands and 3160
easements for industrial activities integrated to water 3161
transportation in accordance with the terms and provisions of such 3162
assurances of local cooperation as may have been given by virtue 3163
of Section 51-35-15 or Section 51-35-17, Mississippi Code of 1972, 3164
and the provisions of this article. Furthermore, said port 3165
commission, upon and with the approval of the board of 3166
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supervisors, shall have the power and is hereby authorized, in its 3167
discretion, to sell and convey to the United States of America, 3168
without any limitations whatsoever, by general or special warranty 3169
deed or other acceptable form or conveyance, the full title to any 3170
lands acquired or held by any such county in connection with the 3171
establishment and development of any harbor or port project under 3172
the jurisdiction of said commission in exchange for the title to 3173
lands of the United States of America deemed useful for or needed 3174
by any county in connection with the establishment, enlargement, 3175
development, construction or maintenance of any port or harbor 3176
project under the jurisdiction of said commission, or for such 3177
other consideration as said commission and said board find to be 3178
adequate and sufficient. Said port commission, upon and with the 3179
approval of the board of supervisors of the county, is further 3180
hereby authorized to donate and/or sell and convey, without any 3181
limitations, upon such terms and conditions as may be deemed 3182
proper by the said commission and said board of supervisors, to 3183
the United States of America any of the lands needed by the United 3184
States of America for navigation and/or flood control purposes, or 3185
in fulfillment of any authorized assurances which have been given 3186
or which may be given by said county to the United States of 3187
America, or for the purpose of the display of the Gunboat Cairo. 3188
SECTION 22. Section 59-17-13, Mississippi Code of 1972, is 3189
amended as follows: 3190
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59-17-13. (1) The board shall have power to acquire, 3191
purchase, install, lease, construct, own, hold, maintain, equip, 3192
use, control, and operate ports, harbors, waterways, channels, 3193
wharves, piers, docks, quays, elevators, tipples, compresses, bulk 3194
loading and unloading facilities, warehouses, floating dry docks, 3195
graving docks, marine railways, tugboats, machinery and equipment, 3196
and water, air and rail terminals, and roadways and approaches 3197
thereto, and other structures and facilities needful for the 3198
convenient use of the same in the aid of commerce, including the 3199
dredging, deepening, extending, widening, or enlarging of any 3200
ports, harbors, rivers, channels, and waterways, the damming of 3201
inland waterways, the establishment of water basins, the 3202
acquisition and development of industrial sites and the reclaiming 3203
of submerged lands. 3204
(2) The State Inland Port Authority, subject to the approval 3205
of the board, shall have the power to borrow money from any 3206
source, public or private, for any of its corporate purposes and 3207
to give such security as may be required in connection therewith 3208
and to enter into a joint agreement with the boards of supervisors 3209
of any county, or the governing authority of any municipality, or 3210
both acting jointly, to issue revenue bonds of such county or 3211
municipality, or both, acting jointly, as provided by Section 3212
59-7-311 which bonds may be payable out of any revenues of the 3213
authority, including grants or contributions from the federal 3214
government or other sources. Such revenue bonds may be issued 3215
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without an election on resolution of the board of supervisors, 3216
governing body of the municipality, or both acting jointly, and 3217
shall not be subject to any limitation as to amount, and shall not 3218
be included or computed in the statutory limitation of 3219
indebtedness of any such county or municipality. 3220
(3) All leases which are now in effect or which may 3221
hereafter be executed by the State Inland Port Authority for port, 3222
harbor, commercial or industrial improvements, and all structures 3223
and all improvements and other permanent facilities erected, 3224
installed or located by such lessees, or their successors or 3225
assignees within the limits of any port, harbor or part thereof, 3226
may be free and exempt from all state, county and municipal ad 3227
valorem taxes if so stipulated in such lease, and for such period 3228
as may be fixed in such lease, not to exceed such periods of time 3229
as are now authorized or may be hereafter authorized by law. 3230
(4) The board shall exercise the powers conferred by the 3231
State Inland Ports Law consistent with Section 29-5-2.2. 3232
SECTION 23. Section 65-1-8, Mississippi Code of 1972, is 3233
amended as follows: 3234
65-1-8. (1) The Mississippi Transportation Commission shall 3235
have the following general powers, duties and responsibilities: 3236
(a) To coordinate and develop a comprehensive, balanced 3237
transportation policy for the State of Mississippi; 3238
(b) To promote the coordinated and efficient use of all 3239
available and future modes of transportation; 3240
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(c) To make recommendations to the Legislature 3241
regarding alterations or modifications in any existing 3242
transportation policies; 3243
(d) To study means of encouraging travel and 3244
transportation of goods by the combination of motor vehicle and 3245
other modes of transportation; 3246
(e) To take such actions as are necessary and proper to 3247
discharge its duties pursuant to the provisions of Chapter 496, 3248
Laws of 1992, and any other provision of law; 3249
(f) To receive and provide for the expenditure of any 3250
funds made available to it by the Legislature, the federal 3251
government or any other source. 3252
(2) In addition to the general powers, duties and 3253
responsibilities listed in subsection (1) of this section, the 3254
Mississippi Transportation Commission shall have the following 3255
specific powers: 3256
(a) To make rules and regulations whereby the 3257
Transportation Department shall change or relocate any and all 3258
highways herein or hereafter fixed as constituting a part of the 3259
state highway system, as may be deemed necessary or economical in 3260
the construction or maintenance thereof; to acquire by gift, 3261
purchase, condemnation or otherwise, land or other property 3262
whatsoever that may be necessary for a state highway system as 3263
herein provided, with full consideration to be given to the 3264
stimulation of local public and private investment when acquiring 3265
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such property in the vicinity of Mississippi towns, cities and 3266
population centers; 3267
(b) To enforce by mandamus, or other proper legal 3268
remedies, all legal rights or rights of action of the Mississippi 3269
Transportation Commission with other public bodies, corporations 3270
or persons; 3271
(c) To make and publish rules, regulations and 3272
ordinances for the control of and the policing of the traffic on 3273
the state highways, and to prevent their abuse by any or all 3274
persons, natural or artificial, by trucks, tractors, trailers or 3275
any other heavy or destructive vehicles or machines, or by any 3276
other means whatsoever, by establishing weights of loads or of 3277
vehicles, types of tires, width of tire surfaces, length and width 3278
of vehicles, with reasonable variations to meet approximate 3279
weather conditions, and all other proper police and protective 3280
regulations, and to provide ample means for the enforcement of 3281
same. The violation of any of the rules, regulations or 3282
ordinances so prescribed by the commission shall constitute a 3283
misdemeanor. No rule, regulation or ordinance shall be made that 3284
conflicts with any statute now in force or which may hereafter be 3285
enacted, or with any ordinance of municipalities. A monthly 3286
publication giving general information to the boards of 3287
supervisors, employees and the public may be issued under such 3288
rules and regulations as the commission may determine; 3289
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(d) To give suitable numbers to highways and to change 3290
the number of any highway that shall become a part of the state 3291
highway system. However, nothing herein shall authorize the 3292
number of any highway to be changed so as to conflict with any 3293
designation thereof as a U.S. numbered highway. Where, by a 3294
specific act of the Legislature, the commission has been directed 3295
to give a certain number to a highway, the commission shall not 3296
have the authority to change such number; 3297
(e) (i) To make proper and reasonable rules, 3298
regulations, and ordinances for the placing, erection, removal or 3299
relocation of telephone, telegraph or other poles, signboards, 3300
fences, gas, water, sewerage, oil or other pipelines, and other 3301
obstructions that may, in the opinion of the commission, 3302
contribute to the hazards upon any of the state highways, or in 3303
any way interfere with the ordinary travel upon such highways, or 3304
the construction, reconstruction or maintenance thereof, and to 3305
make reasonable rules and regulations for the proper control 3306
thereof. Any violation of such rules or regulations or 3307
noncompliance with such ordinances shall constitute a misdemeanor; 3308
(ii) Except as otherwise provided for in this 3309
paragraph, whenever the order of the commission shall require the 3310
removal of, or other changes in the location of, telephone, 3311
telegraph or other poles, signboards, gas, water, sewerage, oil or 3312
other pipelines, or other similar obstructions on the right-of-way 3313
or such other places where removal is required by law, the owners 3314
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thereof shall at their own expense move or change the same to 3315
conform to the order of the commission. Any violation of such 3316
rules or regulations or noncompliance with such orders shall 3317
constitute a misdemeanor; 3318
(iii) Rural water districts, rural water systems, 3319
nonprofit water associations and municipal public water systems in 3320
municipalities with a population of ten thousand (10,000) or less, 3321
according to the latest federal decennial census, shall not be 3322
required to bear the cost and expense of removal and relocation of 3323
water and sewer lines and facilities constructed or in place in 3324
the rights-of-way of state highways. The cost and expense of such 3325
removal and relocation, including any unpaid prior to July 1, 3326
2002, shall be paid by the Department of Transportation; 3327
(iv) Municipal public sewer systems and municipal 3328
gas systems owned by municipalities with a population of ten 3329
thousand (10,000) or less, according to the latest federal 3330
decennial census, shall not be required to bear the cost and 3331
expense of removal and relocation of lines and facilities 3332
constructed or in place in the rights-of-way of state highways. 3333
The cost and expense of such removal and relocation, including any 3334
unpaid prior to July 1, 2003, shall be paid by the Department of 3335
Transportation; 3336
(f) To regulate and abandon grade crossings on any road 3337
fixed as a part of the state highway system, and whenever the 3338
commission, in order to avoid a grade crossing with the railroad, 3339
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locates or constructs said road on one side of the railroad, the 3340
commission shall have the power to abandon and close such grade 3341
crossing, and whenever an underpass or overhead bridge is 3342
substituted for a grade crossing, the commission shall have power 3343
to abandon such grade crossing and any other crossing adjacent 3344
thereto. Included in the powers herein granted shall be the power 3345
to require the railroad at grade crossings, where any road of the 3346
state highway system crosses the same, to place signal posts with 3347
lights or other warning devices at such crossings at the expense 3348
of the railroad, and to regulate and abandon underpasses or 3349
overhead bridges and, where abandoned because of the construction 3350
of a new underpass or overhead bridge, to close such old underpass 3351
or overhead bridge, or, in its discretion, to return the same to 3352
the jurisdiction of the county board of supervisors; 3353
(g) To make proper and reasonable rules and regulations 3354
to control the cutting or opening of the road surfaces for 3355
subsurface installations; 3356
(h) To make proper and reasonable rules and regulations 3357
for the removal from the public rights-of-way of any form of 3358
obstruction, to cooperate in improving their appearance, and to 3359
prescribe minimum clearance heights for seed conveyors, pipes, 3360
passageways or other structure of private or other ownership above 3361
the highways; 3362
(i) To establish, and have the Transportation 3363
Department maintain and operate, and to cooperate with the state 3364
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educational institutions in establishing, enlarging, maintaining 3365
and operating a laboratory or laboratories for testing materials 3366
and for other proper highway purposes; 3367
(j) To provide, under the direction and with the 3368
approval of the Department of Finance and Administration, suitable 3369
offices, shops and barns in the City of Jackson; 3370
(k) To establish and have enforced set-back 3371
regulations; 3372
(l) To cooperate with proper state authorities in 3373
producing limerock for highway purposes and to purchase same at 3374
cost; 3375
(m) To provide for the purchase of necessary equipment 3376
and vehicles and to provide for the repair and housing of 3377
same * * *; 3378
(n) Consistent with Section 29-5-2.2, to acquire by 3379
gift, purchase, condemnation or otherwise, land or lands and 3380
buildings in fee simple, and to authorize the Transportation 3381
Department to construct, lease or otherwise provide necessary and 3382
proper permanent district offices for the construction and 3383
maintenance divisions of the department, and for the repair and 3384
housing of the equipment and vehicles of the department; however, 3385
in each Supreme Court district only two (2) permanent district 3386
offices shall be set up, but a permanent status shall not be given 3387
to any such offices until so provided by act of the Legislature 3388
and in the meantime, all shops of the department shall be retained 3389
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at their present location. As many local or subdistrict offices, 3390
shops or barns may be provided as is essential and proper to 3391
economical maintenance of the state highway system; 3392
( * * *o) To cooperate with the Department of Archives 3393
and History in having placed and maintained suitable historical 3394
markers, including those which have been approved and purchased by 3395
the State Historical Commission, along state highways, and to have 3396
constructed and maintained roadside driveways for convenience and 3397
safety in viewing them when necessary; 3398
( * * *p) To cooperate, in its discretion, with the 3399
Mississippi Department of Wildlife, Fisheries and Parks in 3400
planning and constructing roadside parks upon the right-of-way of 3401
state highways, whether constructed, under construction, or 3402
planned; said parks to utilize where practical barrow pits used in 3403
construction of state highways for use as fishing ponds. Said 3404
parks shall be named for abundant flora and fauna existing in the 3405
area or for the first flora or fauna found on the site; 3406
( * * *q) Unless otherwise prohibited by law, to make 3407
such contracts and execute such instruments containing such 3408
reasonable and necessary appropriate terms, provisions and 3409
conditions as in its absolute discretion it may deem necessary, 3410
proper or advisable, for the purpose of obtaining or securing 3411
financial assistance, grants or loans from the United States of 3412
America or any department or agency thereof, including contracts 3413
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with several counties of the state pertaining to the expenditure 3414
of such funds; 3415
( * * *r) To cooperate with the Federal Highway 3416
Administration in the matter of location, construction and 3417
maintenance of the Great River Road, to expend such funds paid to 3418
the commission by the Federal Highway Administration or other 3419
federal agency, and to authorize the Transportation Department to 3420
erect suitable signs marking this highway, the cost of such signs 3421
to be paid from state highway funds other than earmarked 3422
construction funds; 3423
( * * *s) To cooperate, in its discretion, with the 3424
Mississippi Forestry Commission and the School of Forestry, 3425
Mississippi State University, in a forestry management program, 3426
including planting, thinning, cutting and selling, upon the 3427
right-of-way of any highway, constructed, acquired or maintained 3428
by the Transportation Department, and to sell and dispose of any 3429
and all growing timber standing, lying or being on any 3430
right-of-way acquired by the commission for highway purposes in 3431
the future; such sale or sales to be made in accordance with the 3432
sale of personal property which has become unnecessary for public 3433
use as provided for in Section 65-1-123, Mississippi Code of 1972; 3434
( * * *t) To expend funds in cooperation with the 3435
Division of Plant Industry, Mississippi Department of Agriculture 3436
and Commerce, the United States government or any department or 3437
agency thereof, or with any department or agency of this state, to 3438
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control, suppress or eradicate serious insect pests, rodents, 3439
plant parasites and plant diseases on the state highway 3440
rights-of-way; 3441
( * * *u) To provide for the placement, erection and 3442
maintenance of motorist services business signs and supports 3443
within state highway rights-of-way in accordance with current 3444
state and federal laws and regulations governing the placement of 3445
traffic control devices on state highways, and to establish and 3446
collect reasonable fees from the businesses having information on 3447
such signs; 3448
( * * *v) To request and to accept the use of persons 3449
convicted of an offense, whether a felony or a misdemeanor, for 3450
work on any road construction, repair or other project of the 3451
Transportation Department. The commission is also authorized to 3452
request and to accept the use of persons who have not been 3453
convicted of an offense but who are required to fulfill certain 3454
court-imposed conditions pursuant to Section 41-29-150(d)(1) or 3455
99-15-26, Mississippi Code of 1972, or the Pretrial Intervention 3456
Act, being Sections 99-15-101 through 99-15-127, Mississippi Code 3457
of 1972. The commission is authorized to enter into any 3458
agreements with the Department of Corrections, the State Parole 3459
Board, any criminal court of this state, and any other proper 3460
official regarding the working, guarding, safekeeping, clothing 3461
and subsistence of such persons performing work for the 3462
Transportation Department. Such persons shall not be deemed 3463
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agents, employees or involuntary servants of the Transportation 3464
Department while performing such work or while going to and from 3465
work or other specified areas; 3466
( * * *w) To provide for the administration of the 3467
railroad revitalization program pursuant to Section 57-43-1 et 3468
seq.; 3469
( * * *x) The Mississippi Transportation Commission is 3470
further authorized, in its discretion, to expend funds for the 3471
purchase of service pins for employees of the Mississippi 3472
Transportation Department; 3473
( * * *y) To cooperate with the State Tax Commission by 3474
providing for weight enforcement field personnel to collect and 3475
assess taxes, fees and penalties and to perform all duties as 3476
required pursuant to Section 27-55-501 et seq., Sections 27-19-1 3477
et seq., 27-55-1 et seq., 27-59-1 et seq. and 27-61-1 et seq., 3478
Mississippi Code of 1972, with regard to vehicles subject to the 3479
jurisdiction of the Office of Weight Enforcement. All collections 3480
and assessments shall be transferred daily to the State Tax 3481
Commission; 3482
( * * *z) The Mississippi Transportation Commission may 3483
delegate the authority to enter into a supplemental agreement to a 3484
contract previously approved by the commission if the supplemental 3485
agreement involves an additional expenditure not to exceed Two 3486
Hundred Fifty Thousand Dollars ($250,000.00); 3487
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( * * *aa) (i) The Mississippi Transportation 3488
Commission, in its discretion, may enter into agreements with any 3489
county, municipality, county transportation commission, business, 3490
corporation, partnership, association, individual or other legal 3491
entity, for the purpose of accelerating the completion date of 3492
scheduled highway construction projects. 3493
(ii) Such an agreement may permit the cost of a 3494
highway construction project to be advanced to the commission by a 3495
county, municipality, county transportation commission, business, 3496
corporation, partnership, association, individual or other legal 3497
entity, and repaid to such entity by the commission when highway 3498
construction funds become available; provided, however, that 3499
repayment of funds advanced to the Mississippi Transportation 3500
Commission shall be made no sooner than the commission's 3501
identified projected revenue schedule for funding of that 3502
particular construction project, and no other scheduled highway 3503
construction project established by statute or by the commission 3504
may be delayed by an advanced funding project authorized under 3505
this paragraph ( * * *aa). Repayments to a public or private 3506
entity that advances funds to the Mississippi Transportation 3507
Commission under this paragraph ( * * *aa) may not include 3508
interest or other fees or charges, and the total amount repaid 3509
shall not exceed the total amount of funds advanced to the 3510
commission by the entity; however, the inclusion of public 3511
entities in this provision does not invalidate any existing 3512
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agreements authorized under this paragraph ( * * *aa) before April 3513
19, 2022. The commission shall retain the ability to service, 3514
refinance or restructure any indebtedness incurred through any 3515
such existing agreements. 3516
(iii) In considering whether to enter into such an 3517
agreement, the commission shall consider the availability of 3518
financial resources, the effect of such agreement on other ongoing 3519
highway construction, the urgency of the public's need for swift 3520
completion of the project and any other relevant factors. 3521
(iv) Such an agreement shall be executed only upon 3522
a finding by the commission, spread upon its minutes, that the 3523
acceleration of the scheduled project is both feasible and 3524
beneficial. The commission shall also spread upon its minutes its 3525
findings with regard to the factors required to be considered 3526
pursuant to subparagraph (iii) of this paragraph ( * * *aa); 3527
( * * *bb) The Mississippi Transportation Commission, 3528
in its discretion, may purchase employment practices liability 3529
insurance, and may purchase an excess policy to cover catastrophic 3530
losses incurred under the commission's self-insured workers' 3531
compensation program authorized under Section 71-3-5. Such 3532
policies shall be written by the agent or agents of a company or 3533
companies authorized to do business in the State of Mississippi. 3534
The deductibles shall be in an amount deemed reasonable and 3535
prudent by the commission, and the premiums thereon shall be paid 3536
from the State Highway Fund. Purchase of insurance under this 3537
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paragraph shall not serve as an actual or implied waiver of 3538
sovereign immunity or of any protection afforded the commission 3539
under the Mississippi Tort Claims Act; 3540
( * * *cc) The Mississippi Transportation Commission is 3541
further authorized, in its discretion, to expend funds for the 3542
purchase of promotional materials for safety purposes, highway 3543
beautification purposes and recruitment purposes; 3544
( * * *dd) To lease antenna space on communication 3545
towers which it owns; 3546
( * * *ee) To receive funds from the Southeastern 3547
Association of Transportation Officials and from other nonstate 3548
sources and expend those funds for educational scholarships in 3549
transportation related fields of study. The commission may adopt 3550
rules or regulations as necessary for the implementation of the 3551
program. A strict accounting shall be made of all funds deposited 3552
with the commission and all funds dispersed; 3553
( * * *ff) To contract with any county, if the county 3554
chooses to enter such contract, to perform any maintenance on the 3555
state highways and interstate highways in that county and any 3556
rights-of-way to such highways. 3557
SECTION 24. Section 65-1-17, Mississippi Code of 1972, is 3558
amended as follows: 3559
65-1-17. In the event the department needs additional office 3560
space which cannot be provided either in state office buildings, 3561
or other state-owned buildings, the commission is hereby 3562
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authorized to rent, consistent with Section 29-5-2.2, on an annual 3563
or month-to-month basis on such terms as it may determine to be 3564
proper, such office space as may be necessary. 3565
SECTION 25. Section 69-7-109, Mississippi Code of 1972, is 3566
amended as follows: 3567
69-7-109. The Department of Agriculture and Commerce shall 3568
have the power to: 3569
(a) Fix salaries of any authorized employees of the 3570
market; 3571
(b) Fix rentals and charges for each type of facility 3572
constructed in the market, taking into consideration the cost of 3573
such facility, the interest and amortization period required, a 3574
proper relationship between types of operators in the market, cost 3575
of operation, and the need for reasonable reserves, expansion and 3576
the like; 3577
(c) Make investigations and hold hearings and 3578
conferences necessary to formulate and adopt a financial building 3579
and operating program for a market and make revisions from time to 3580
time; 3581
(d) Make rules and regulations which shall govern all 3582
such business and all persons and vehicles coming upon the market; 3583
(e) Provide and enforce penalties and liquidated 3584
damages relative to breaches of such rules and regulations and any 3585
contracts entered into; 3586
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(f) Lease the buildings and facilities to farmers, 3587
wholesale dealers, retailers and other persons engaged in the 3588
wholesale or retail marketing of perishable farm products; 3589
(g) Determine and set the hours when the market may 3590
open and close during any day or night throughout the year; 3591
(h) Consistent with Section 29-5-2.2, plan, build, 3592
construct or cause to be built or constructed, or lease any 3593
facilities, on the grounds under the control of the department, 3594
that are deemed necessary for the successful operation of a 3595
wholesale or retail market for farm products; 3596
(i) Rent or lease any necessary property, real or 3597
personal, on the grounds under the control of the department for 3598
the successful operation of the market. However, that before 3599
leasing or renting any property for use as a filling station or 3600
the sale of similar supplies and accessories, the department shall 3601
advertise and receive sealed bids therefor, and shall have the 3602
power to reject any and all of such bids, or to accept the highest 3603
and best bid made therefor, and the lessee shall erect such 3604
buildings and add such facilities as necessary to carry out the 3605
provisions of this article at the expense of the lessee in 3606
addition to any other monies paid as lease money to said board for 3607
the purpose of operating a service station. Such establishment 3608
shall not be tax exempt. No filling station shall be leased for a 3609
monthly rental less than One Cent (1¢) per gallon for each gallon 3610
of gasoline sold; 3611
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(j) Employ an attorney as prescribed in Section 3612
69-1-14. 3613
The department shall also have full power and authority to 3614
rent or lease real property, on the grounds under the control of 3615
the department, not otherwise used, for a period not to exceed 3616
twenty-five (25) years to private concerns for the purpose of 3617
processing agricultural products, and providing such facilities 3618
found necessary by the department to carry out the purposes of 3619
this article, and such facilities, structures, buildings, or other 3620
improvements erected or placed thereon by private concerns shall 3621
be subject to taxation the same as private property, provided, 3622
however, that improvements or facilities erected thereon for 3623
processing agricultural products shall not be assessed or taxed 3624
until five (5) years after completion of construction. The 3625
improvements and facilities erected on said leased property shall 3626
be liable for ad valorem taxes and shall be assessed and levied 3627
against said leasehold separately from the fee of said lands, and 3628
upon failure to pay taxes upon same when due, said facilities and 3629
improvements shall be sold by the tax collector as other property 3630
is sold for the nonpayment of taxes, but only such rights of the 3631
lessee under said lease contract shall be so sold. Upon the 3632
failure to pay taxes promptly when due on said lease, the 3633
department shall have the power to cancel and terminate said lease 3634
immediately and shall thereupon be authorized to lease or re-lease 3635
same to another private individual or concern as herein provided. 3636
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The provisions hereof regarding taxation shall not apply to 3637
those buildings, structures and facilities erected on said 3638
property by the department. 3639
The department shall maintain or operate local market. 3640
SECTION 26. Section 69-27-35, Mississippi Code of 1972, is 3641
amended as follows: 3642
69-27-35. A soil and water conservation district organized 3643
under the provisions of this article shall constitute a 3644
governmental subdivision of this state, and a public body, 3645
corporate and politic, exercising public powers, and such district 3646
and the commissioners thereof shall have the following powers, in 3647
addition to others granted in other sections of this article: 3648
(a) To conduct surveys, investigations and research 3649
relating to the character of soil erosion and the preventive and 3650
control measures needed, to publish results of such surveys, 3651
investigations or research, and to disseminate information 3652
concerning such preventive and control measures. However, in 3653
order to avoid duplication of research activities, no district 3654
shall initiate any research program except in cooperation with the 3655
government of this state or any of its agencies, or with the 3656
United States or any of its agencies. 3657
(b) To conduct demonstration projects within the 3658
district on lands owned or controlled by this state or any of its 3659
agencies, with the cooperation of the agency administering and 3660
having jurisdiction thereof, and on any other lands within the 3661
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district upon obtaining the consent of the owner of such lands or 3662
the necessary rights or interests in such lands, in order to 3663
demonstrate by example the means, methods, and measures by which 3664
water and soil resources may be conserved, and soil erosion in the 3665
form of soil washing may be prevented and controlled. 3666
(c) To carry out preventive and control measures within 3667
the district including, but not limited to, engineering 3668
operations, methods of cultivation, the growing of vegetation, 3669
changes in use of land, and the measures listed in subsection (c), 3670
Section 69-27-3, on lands owned or controlled by this state or any 3671
of its agencies, with the cooperation of the agency administering 3672
and having jurisdiction thereof, and on any other lands within the 3673
district upon obtaining the consent of the owner of such lands. 3674
(d) To cooperate, or enter into agreements with, and 3675
within the limits of appropriations duly made available to it by 3676
law, to furnish financial or other aid to any agency, governmental 3677
or otherwise, or any owner or operator of lands within the 3678
district, in the carrying on of erosion control and prevention 3679
operations within the district, subject to such conditions as the 3680
commissioners may deem necessary to advance the purposes of this 3681
article. 3682
(e) Consistent with Section 29-5-2.2, to obtain options 3683
upon and to acquire by purchase, exchange, lease, gift, grant, 3684
bequest, or devise, any property, real or personal, or rights or 3685
interests therein, and all such property shall be exempt from 3686
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state, county, or municipal taxation; to maintain, administer, and 3687
improve any properties acquired, to receive income from such 3688
properties and to expend such income in carrying out the purposes 3689
and provisions of this article; and consistent with Section 3690
29-5-2.2, to sell, lease, or otherwise dispose of any of its 3691
property or interests therein in furtherance of the purposes and 3692
the provisions of this article. Notwithstanding any provisions of 3693
general law to the contrary, no land or interest therein described 3694
under this subsection shall be acquired for recreational purposes 3695
by eminent domain proceedings after January 1, 1969. 3696
(f) To make available, on such terms as it shall 3697
prescribe, to landowners and operators within the district, 3698
agricultural and engineering machinery and equipment, fertilizer, 3699
seeds, and seedlings, and such other material or equipment, as 3700
will assist such landowners and operators to carry on operations 3701
upon their lands for the conservation of soil and water resources 3702
and for the prevention and control of soil erosion, and to 3703
purchase comprehensive insurance on such agricultural and 3704
engineering equipment. 3705
(g) To construct, improve, and maintain such structures 3706
as may be necessary or convenient for the performance of any of 3707
the operations authorized in this article, with the consent of 3708
two-thirds (2/3) of the landowners owning sixty-six and two-thirds 3709
percent (66-2/3%) of all lands affected, whether the owners of 3710
such land live within such district or not. 3711
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(h) To develop comprehensive plans for the conservation 3712
of soil and water resources and for the control and prevention of 3713
soil erosion within the district, and to bring such plans and 3714
information to the attention of owners and operators of lands 3715
within the district. 3716
(i) To acquire by purchase or lease, and to administer, 3717
any water and soil conservation, erosion-control or 3718
erosion-prevention project located within its boundaries 3719
undertaken by the United States or any of its agencies, or by this 3720
state or any of its agencies; to manage as agent of the United 3721
States or any of its agencies, or of this state or any of its 3722
agencies, any water and soil conservation, erosion-control or 3723
erosion-prevention project within its boundaries; to act as agent 3724
for the United States or any of its agencies, or for this state or 3725
any of its agencies, in connection with the acquisition, 3726
construction, operation, or administration of any soil and water 3727
conservation, erosion-control or erosion-prevention project within 3728
its boundaries; to accept donations, gifts and contributions in 3729
money, services, materials, or otherwise, from the United States 3730
or any of its agencies, or from this state or any of its agencies, 3731
or from private sources, and to use or expend such monies, 3732
services, materials, or other contributions in carrying on its 3733
operations. 3734
(j) To assist individual landowners or operators and 3735
organized groups, associations, or other agencies or units of 3736
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government to plan and establish recreational facilities for 3737
family use, income-producing purposes, or for community access. 3738
(k) To enter into contracts with the approval of the 3739
Governor with any agency of the federal or state government or its 3740
political subdivisions to accomplish the objectives of this 3741
article. 3742
(l) To collect cost-sharing funds, and to establish and 3743
implement procedures compatible with the purposes of this article 3744
for the necessary financing of water and soil conservation 3745
district activities, including the administration of any federal 3746
funds made available for the use of the district. 3747
(m) To receive and expend funds or monies or other 3748
assets from any state or federal agency or any other source, 3749
public or private, in furtherance of the purposes of this article. 3750
(n) To sue and be sued in the name of the district; to 3751
have a seal, which seal shall be judicially noticed; to have 3752
perpetual succession unless terminated as hereinafter provided; to 3753
make and execute contracts and other instruments, necessary or 3754
convenient to the exercise of its powers; to make, and from time 3755
to time amend and repeal rules and regulations not inconsistent 3756
with this article, to carry into effect its purposes and powers. 3757
(o) As a condition to the extending of any benefits 3758
under this article to, or the performance of work upon, any lands 3759
not owned or controlled by this state or any of its agencies, the 3760
commissioners may require contributions in money, services, 3761
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materials, or otherwise to any operations conferring such 3762
benefits, and may require landowners and operators to enter into 3763
and perform such agreements or covenants as to the permanent use 3764
of such lands as will tend to prevent or control erosion thereon. 3765
(p) Except for Section 29-5-2.2, no other provision 3766
with respect to the acquisition, operation, or disposition of 3767
property by other public bodies shall be applicable to a district 3768
organized hereunder unless the Legislature shall specifically so 3769
state. 3770
SECTION 27. Section 71-3-85, Mississippi Code of 1972, is 3771
amended as follows: 3772
71-3-85. (1) There is hereby created a commission to be 3773
known as the * * * Workers' Compensation Commission, consisting of 3774
three (3) members, who shall devote their entire time to the 3775
duties of the office. The Governor shall appoint the members of 3776
the commission, by and with the consent of the Mississippi State 3777
Senate, one (1) for a term of two (2) years, one (1) for a term of 3778
four (4) years, and one (1) for a term of six (6) years. Upon the 3779
expiration of each term as above set forth, the Governor shall 3780
appoint a successor for a term of six (6) years, and thereafter 3781
the term of office of each commissioner shall be for six (6) 3782
years. One (1) member shall be a person who by reason of his 3783
previous vocation or affiliation can be classed as a 3784
representative of employers, and one (1) member shall be a person 3785
who by reason of his previous vocation or affiliation can be 3786
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classed as a representative of employees. One (1) member shall be 3787
an attorney-at-law of recognized ability with at least five (5) 3788
years' active practice in Mississippi prior to his appointment. 3789
The Governor shall designate the chairman of the commission, whose 3790
term of chairman shall run concurrently with his appointment as a 3791
commissioner. 3792
The chairman shall be the administrative head of the 3793
commission and shall have the final authority in all matters 3794
relating to assignment of cases for hearing and trial and the 3795
administrative work of the commission and its employees, except in 3796
the promulgation of rules and regulations wherein the commission 3797
shall act as a body, and in the trial and determination of cases 3798
as otherwise provided. 3799
Upon the expiration of the term of a commissioner, he shall 3800
continue to serve until his successor has been appointed. Because 3801
cumulative experience is conspicuously essential to the proper 3802
administration of a * * * Workers' Compensation Law, it is 3803
declared to be in the public interest to continue * * * Workers' 3804
Compensation Commissioners in office as long as efficiency is 3805
demonstrated. A commissioner may be removed for cause prior to 3806
the expiration of his term, but shall be furnished a written copy 3807
of the charges against him and shall be accorded a public hearing. 3808
Each member of the commission and each administrative law 3809
judge shall receive an annual salary fixed by the Legislature. 3810
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(2) A vacancy in the commission, if there remain two (2) 3811
members of it, shall not impair the authority of such two (2) 3812
members to act. In case of illness or continued absence for other 3813
reasons, the same authority of such two (2) members shall apply. 3814
(3) The commission shall have the powers and duties 3815
necessary for effecting the purposes of this chapter, including 3816
the powers of a court of record for compelling the attendance of 3817
witnesses, examining them under oath, and compelling the 3818
production of books, papers, documents and objects relevant to the 3819
determination of a claim for compensation, and the power to adopt 3820
rules and regulations and make or approve the forms relating to 3821
notices of injuries, payment of claims and other purposes. The 3822
authority of the commission and its duly authorized 3823
representatives to investigate and determine claims for 3824
compensation shall include the right to enter the premises where 3825
an injury occurred, to ascertain its causes and circumstances. 3826
(4) The office of the commission shall be situated in the 3827
City of Jackson, but hearings may be held at such places as it may 3828
deem most convenient for the proper and speedy performance of its 3829
duties. Consistent with Section 29-5-2.2, the commission is 3830
authorized, if it deems it necessary for the convenient and 3831
efficient dispatch of business, to lease office space and 3832
facilities in other than publicly owned buildings. 3833
(5) The commission shall adopt detailed rules and 3834
regulations for implementing the purposes of this chapter at 3835
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hearings attended by the main parties interested. Such rules, 3836
upon adoption, shall be published and be at all reasonable times 3837
made available to the public and, if not inconsistent with law, 3838
shall be binding upon those participating in the responsibilities 3839
and benefits of the * * * Workers' Compensation Law. 3840
(6) The commission shall adopt or approve the forms required 3841
for administering the chapter, such notices of injury, application 3842
for benefits, receipts for compensation and all other forms needed 3843
to assure the orderly and prompt operation of the law, and may 3844
require the exclusive use of any or all such approved forms. 3845
SECTION 28. Section 73-7-3, Mississippi Code of 1972, is 3846
amended as follows: 3847
73-7-3. (1) The board shall be authorized to employ such 3848
clerical assistance, bookkeepers, investigators and other agents 3849
as they may deem necessary to carry out the provisions of this 3850
chapter, and to fix their tenure of employment and compensation 3851
therefor. The members of the board, as well as all employees of 3852
the board except for investigators, shall file a bond with the 3853
Secretary of State in the sum of not less than Twenty-five 3854
Thousand Dollars ($25,000.00) payable to the State of Mississippi 3855
for the faithful performance of their duties. The bond shall be 3856
made by a surety company authorized to do business in this state, 3857
the premium of the bond to be paid out of any money in the board's 3858
special fund in the State Treasury. 3859
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(2) The office of the board shall be located in the greater 3860
metropolitan area of the City of Jackson, Mississippi, and if 3861
office space cannot be obtained in any state-owned building, the 3862
board, consistent with Section 29-5-2.2, is authorized to rent 3863
suitable office space and to pay therefor out of funds in the 3864
board's special fund. The board shall employ inspectors as 3865
needed, not to exceed twelve (12), who shall be full-time 3866
employees and whose salaries and duties shall be fixed by the 3867
board. 3868
(3) The salaries of all paid employees of the board shall be 3869
paid out of the funds in the board's special fund in the State 3870
Treasury. The inspectors shall, in addition to their salaries, be 3871
reimbursed for such expenses as are allowed other state employees 3872
under the provisions of Section 25-3-41. In addition to the 3873
paying of office rent, the board is authorized to purchase 3874
necessary office furniture and equipment, stationery, books, 3875
certificates and any other equipment necessary for the proper 3876
administration of this chapter. 3877
(4) When, in the opinion of the board, it is essential that 3878
an employee of the board work after normal working hours, the 3879
employee may receive credit for compensatory leave. 3880
(a) The board should use the standards established by 3881
the State Personnel Board in determining whether or not the 3882
board's executive director may receive compensatory leave. 3883
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(b) Employees of the board may be granted 3884
administrative leave with pay, which means discretionary leave 3885
with pay, other than personal leave or major medical leave. 3886
(i) The board may grant administrative leave to 3887
any employee of the board serving as a witness or juror or party 3888
litigant, as verified by the clerk of the court, in addition to 3889
any fees paid for such services, and such services or necessary 3890
appearance in any court shall not be counted as personal leave. 3891
(ii) The board may grant administrative leave with 3892
pay to employees of the board in the event of extreme weather 3893
conditions or in the event of a man-made, technological, or 3894
natural disaster or emergency. Any employee on a previously 3895
approved leave during the affected period shall be eligible for 3896
such administrative leave granted by the board and shall not be 3897
charged for his or her previously approved leave during the 3898
affected period. 3899
(iii) The board may grant administrative leave 3900
with pay to any employee of the board who is a certified disaster 3901
service volunteer of the American Red Cross who participates in 3902
specialized disaster relief services for the American Red Cross in 3903
this state and in states contiguous to this state when the 3904
American Red Cross requests the employee's participation. 3905
Administrative leave granted under this subparagraph shall not 3906
exceed twenty (20) days in any twelve-month period. Employees on 3907
leave under this subparagraph shall not be deemed to be an 3908
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employee of the state for purposes of workers' compensation or for 3909
purposes of claims against the state allowed under Title 11, 3910
Chapter 46, Mississippi Code of 1972. As used in this 3911
subparagraph, the term "disaster" includes disasters designated at 3912
Level II and above in American Red Cross' national regulations and 3913
procedures. 3914
SECTION 29. Section 73-17-7, Mississippi Code of 1972, is 3915
amended as follows: 3916
73-17-7. (1) There is hereby created the Mississippi State 3917
Board of Nursing Home Administrators. This board shall consist of 3918
seven (7) persons, in addition to the State Health Officer, or his 3919
designee, who shall be an ex officio member without voting 3920
privilege, to be appointed by the Governor with the advice and 3921
consent of the Senate, each of whom shall be a qualified elector 3922
of the State of Mississippi; the members of said board shall be 3923
selected from a list of names submitted to the Governor as 3924
provided for hereinafter. In making initial appointments, three 3925
(3) members shall be appointed for a term of two (2) years; two 3926
(2) members shall be appointed for terms of three (3) years; and 3927
two (2) members for terms of four (4) years; and until their 3928
successors are appointed and qualified; thereafter, the terms of 3929
the members of the said board shall be for four (4) years and 3930
until their successors are appointed and qualified. In the event 3931
of the occurrence of a vacancy during the term of office of its 3932
incumbent, such vacancy shall be filled for the unexpired portion 3933
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of the term. The members of this board shall include the 3934
following: 3935
(a) One (1) educator with expertise in the field of 3936
health care and associated at the time of his appointment with an 3937
institution of higher learning within the State of Mississippi. 3938
(b) A registered nurse. 3939
(c) A licensed and practicing medical doctor or 3940
physician. 3941
(d) Three (3) licensed and practicing nursing home 3942
administrators, no more than one (1) of whom shall be from the 3943
same Supreme Court district, who shall have had at least five (5) 3944
years' actual experience as a nursing home administrator. 3945
(e) A hospital administrator. 3946
Only the board members who are nursing home administrators 3947
may have a direct financial interest in any nursing home. 3948
The Mississippi Nurses Association may submit a list of 3949
nominees for the appointment of the registered nurse member; the 3950
Mississippi State Medical Association may submit a list of 3951
nominees for the appointment of the medical doctor or physician 3952
member; the Mississippi Health Care Association and the 3953
Mississippi Health Facilities Association may submit lists of 3954
nominees for the appointment of the nursing home administrator 3955
members; and the Mississippi State Hospital Association may submit 3956
a list of nominees for the appointment of the hospital 3957
administrator member. Any such list of nominees shall be 3958
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submitted at least thirty (30) days before the expiration of the 3959
term for each position. 3960
Vacancies occurring on the board shall be filled by 3961
appointment by the Governor of individuals having the same 3962
prerequisite qualifications as required by this section for the 3963
vacancy being filled. The affected group may submit a list of 3964
nominees not more than thirty (30) days after a vacancy occurs. 3965
(2) The board shall organize by selecting annually from its 3966
members a chairman and a vice chairman, and may do all things 3967
necessary and convenient for carrying into effect the provisions 3968
of this chapter and may from time to time promulgate rules and 3969
regulations. Each member of the board shall receive a per diem as 3970
provided in Section 25-3-69, plus travel and reasonable necessary 3971
expenses incidental to the attendance at each meeting as provided 3972
in Section 25-3-41. Any member who shall not attend two (2) 3973
consecutive meetings of the board shall be subject to removal by 3974
the Governor. The chairman of the board shall notify the Governor 3975
in writing when any such member has failed to attend two (2) 3976
consecutive regular meetings. 3977
(3) The board shall adopt a seal. 3978
(4) The board is hereby authorized to acquire office space, 3979
consistent with Section 29-5-2.2, and to employ such personnel as 3980
shall be necessary in the performance of its duties, including a 3981
secretary-treasurer, who shall be bonded in an amount to be fixed 3982
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by the board, but in no event less than the amount of Five 3983
Thousand Dollars ($5,000.00). 3984
(5) All fees and any other monies received by the board 3985
shall be deposited in a special fund that is created in the State 3986
Treasury. The monies in the special fund shall be subject to all 3987
provisions of the state budget laws that are applicable to special 3988
fund agencies. Any interest earned on this special fund shall be 3989
credited by the State Treasurer to the fund and shall not be paid 3990
into the State General Fund. 3991
SECTION 30. Section 73-39-57, Mississippi Code of 1972, is 3992
amended as follows: 3993
73-39-57. The board may: 3994
(a) Adopt, amend or repeal all rules necessary for its 3995
government and all regulations necessary to implement this 3996
chapter, including the establishment and publication of standards 3997
of practice and professional conduct for the practice of 3998
veterinary medicine. 3999
(b) Adopt, promulgate and enforce rules and regulations 4000
relating to specific duties and responsibilities; certification, 4001
registration or licensure; and other matters pertaining to 4002
veterinary technicians or nonlicensed persons consistent with this 4003
chapter. 4004
(c) Initiate disciplinary procedures, hold hearings, 4005
reprimand, suspend, revoke or refuse to issue or renew credentials 4006
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and perform any other acts that may be necessary to regulate 4007
veterinary technicians and technologists. 4008
(d) Examine by established protocol the qualifications 4009
and fitness of applicants for a license to practice veterinary 4010
medicine in this state. 4011
(e) Issue, renew or deny the licenses and temporary 4012
permits to practice veterinary medicine. 4013
(f) Limit, suspend or revoke the licenses of 4014
disciplined veterinarians or otherwise discipline licensed 4015
veterinarians consistent with this chapter and applicable rules 4016
and regulations. 4017
(g) Establish and publish annually a schedule of fees 4018
for licensing and certification. 4019
(h) Conduct investigations of suspected violations of 4020
this chapter to determine whether there are sufficient grounds to 4021
initiate disciplinary proceedings. 4022
(i) Inspect veterinary premises and equipment, 4023
including practice vehicles, on a triennial basis and assess an 4024
inspection fee in the amount of One Hundred Dollars ($100.00) per 4025
inspection and an additional fee of Fifty Dollars ($50.00) for 4026
each licensed veterinarian employed by the inspected veterinary 4027
establishment. 4028
(j) Hold hearings on all matters properly brought 4029
before the board, to administer oaths, receive evidence, make 4030
necessary determinations and enter orders consistent with the 4031
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findings. The board may require by subpoena the attendance and 4032
testimony of witnesses and the production of papers, records or 4033
other documentary evidence and commission depositions. The board 4034
may designate one or more of its members to serve as its hearing 4035
officer. The board shall adopt rules and regulations for hearings 4036
before the board and the rules shall afford any person appearing 4037
before the board the safeguards of procedural due process. Formal 4038
rules of evidence shall not apply. 4039
(k) Employ full- or part-time personnel necessary to 4040
implement this chapter and consistent with Section 29-5-2.2, 4041
purchase or rent necessary office space, equipment and supplies. 4042
(l) Appoint from its own membership one or more members 4043
to act as representatives of the board at any meeting within or 4044
outside the state. 4045
(m) Bring proceedings in the courts against any person 4046
for the enforcement of this chapter or any regulations made 4047
pursuant thereto. 4048
The powers enumerated herein are granted for the purpose of 4049
enabling the board to supervise effectively the practice of 4050
veterinary medicine and veterinary technology and are to be 4051
construed liberally to accomplish this objective. 4052
SECTION 31. Section 99-18-13, Mississippi Code of 1972, is 4053
amended as follows: 4054
99-18-13. (1) The State Defender is hereby empowered to pay 4055
and disburse salaries, employment benefits and charges relating to 4056
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employment of division staff and to establish their salaries and 4057
expenses of the office; to incur and pay travel expenses of staff 4058
necessary for the performance of the duties of the office; 4059
consistent with Section 29-5-2.2 to rent or lease on such terms as 4060
he may think proper such office space as is necessary in the City 4061
of Jackson to accommodate the staff; to enter into and perform 4062
contracts and to purchase such necessary office supplies and 4063
equipment as may be needed for the proper administration of said 4064
offices within the funds appropriated for such purpose; and to 4065
incur and pay such other expenses as are appropriate and customary 4066
to the operation of the office. 4067
(2) The State Defender may provide representation to youth 4068
in delinquency and child in need of supervision proceedings and 4069
parents or guardians who have been determined by the youth court 4070
judge to be indigent in an abuse, neglect or termination of 4071
parental rights proceeding or appeal therefrom. Representation 4072
may be provided by staff or contract counsel including, but not 4073
limited to, by contract with legal services organizations. 4074
SECTION 32. Section 99-39-113, Mississippi Code of 1972, is 4075
amended as follows: 4076
99-39-113. In addition to the authority to represent persons 4077
under sentence of death in state post-conviction proceedings, the 4078
director is hereby empowered to pay and disburse salaries, 4079
employment benefits and charges relating to employment of staff 4080
and to establish their salaries and expenses of the office; to 4081
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ST: State agency property; authorize DFA as
central leasing agent for all state agencies.
incur and pay travel expenses of staff necessary for the 4082
performance of the duties of the office; consistent with Section 4083
29-5-2.2, to rent or lease on such terms as he may think proper 4084
such office space as is necessary in the City of Jackson to 4085
accommodate the staff; to solicit and accept monies, gifts, grants 4086
or services from any public or private sources for the purpose of 4087
funding, operating and executing the statutory duties of the 4088
office; to enter into and perform contracts, including, but not 4089
limited to, contracts and agreements necessary to obtain and 4090
receive monies, gifts, grants or services from federal, public and 4091
private sources, and to purchase such necessary office supplies 4092
and equipment as may be needed for the proper administration of 4093
said offices; and to incur and pay such other expenses as are 4094
appropriate and customary to the operations of the office. The 4095
director shall be required to obtain a surety bond in the amount 4096
of not less than One Hundred Thousand Dollars ($100,000.00) 4097
payable to the state. The cost of such bond shall be paid out of 4098
funds appropriated for the operations of the office. All salaries 4099
and other expenditures shall be paid from funds appropriated for 4100
such purposes augmented by funds received as gifts and grants from 4101
public and private sources. 4102
SECTION 33. This act shall take effect and be in force from 4103
and after its passage. 4104