State agency property; authorize DFA as central leasing agent for all state agencies.

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To: Public Property
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Michel, Blount, Butler

SENATE BILL NO. 2203
(As Passed the Senate)

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