2004 Regular Session
By: Senator(s) Little, Gordon, Robertson, Burton, Hewes, Kirby, Flowers, Brown, Michel, Carmichael, Nunnelee, Clarke, Mettetal, White, Morgan
AN ACT TO ESTABLISH AN OFFICE OF ADMINISTRATIVE SERVICES WITHIN THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO ASSIST SPECIAL FUND AGENCIES IN FINANCIAL AND BUDGETING MATTERS; TO AUTHORIZE AN ASSESSMENT ON PARTICIPATING AGENCIES; TO ESTABLISH AN OFFICE OF ADMINISTRATIVE SERVICES REVOLVING FUND; TO SPECIFY THOSE AGENCIES WHICH ARE TO UTILIZE THE SERVICES OF THE OFFICE OF ADMINISTRATIVE SERVICES; TO AMEND SECTION 27-104-103, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is hereby created the Office of Administrative Services within, and under the supervision of, the Department of Finance and Administration. The office shall have as Chief Administrative Officer a director, hereinafter referred to as "director," who shall be appointed by the Executive Director of the Department of Finance and Administration.
(2) The director is hereby empowered and authorized to employ or contract for employment of necessary staff to perform the duties and responsibilities of the office.
(3) The duties of the Office of Administrative Services shall be to provide, subject to the availability of funds, services and resources to state agencies, boards, commissions and other institutions as follows:
(a) Full purchasing, accounting, payroll and human resource services, including the Statewide Automated Accounting System (SAAS) and Statewide Payroll and Human Resource System (SPAHRS) processing.
(b) Consulting on financial and management matters.
(c) Budget preparation.
(d) Appropriation and budget monitoring.
(e) Financial planning and analysis.
(f) Reporting to outside entities.
(g) Reporting to management.
(h) Office equipment.
(i) Suitable office space and facilities.
(4) The Office of Administrative Services may, subject to funds being appropriated by the Legislature, operate from special funds provided from assessments from state agencies, boards, commissions and other institutions for which the office provides services.
(5) There is hereby created in the State Treasury a revolving fund to be known as the Office of Administrative Services Fund. Any balance in said fund shall be available to the Office of Administrative Services for the purchase of office supplies, office services, printing, office equipment, office facilities, administrative or management services and related items. Payments into the fund shall be made by state agencies, boards, commissions and other institutions, which have been appropriated funds for the purpose of paying for services performed by the Office of Administrative Services. That portion of the monies in the fund used by the Office of Administrative Services to administer the central office management for self-supporting regulatory agencies is subject to appropriations by the Legislature. The amount of payments by state agencies, boards, commissions and other institutions shall not exceed the amounts budgeted to the same for such designated purposes. Any money in the fund shall be expended only upon authorization of the director. The director shall adopt rules and regulations regarding the time and manner in which payment shall be made into the fund by state agencies, boards, commissions and other institutions to which appropriations are made, in accordance with provisions in this section.
(6) Any state agency, board, commission or institution occupying offices in the office space under the jurisdiction or control of the Office of Administrative Services shall pay, as directed by the office into the fund created in this section, a rent to be fixed by the office which shall conform to prevailing commercial rents in the general area. In the event that the sums are not paid as directed by the office, the director may issue a requisition for a warrant to draw the amount as may be due, plus a penalty of ten percent (10%) of the amount, from any fund appropriated for the use of the state agency, board, commission or other institution which has failed to pay rent as agreed.
(7) Unless exempted by the Executive Director of the Department of Finance and Administration, the following state agencies, boards, commissions and other institutions shall utilize services provided by the Office of Administrative Services, and shall comply with rules and regulations established by the office pursuant to this section:
State Board of Agricultural Aviation
State Board of Architecture
State Board of Barber Examiners
State Board of Chiropractic Examiners
State Board of Cosmetology
State Board of Examiners for Licensed Professional Counselors
State Board of Dental Examiners
State Board of Engineers and Land Surveyors
State Board of Funeral Services
State Board of Massage Therapy
State Board of Medical Licensure
State Board of Nursing
State Board of Nursing Home Administrators
State Board of Optometry
State Board of Pharmacy
State Board of Physical Therapy
State Board of Psychological Examiners
State Board of Public Accountancy
State Board of Public Contractors
State Board of Real Estate Appraisers, Licensing and Certification
State Board of Registered Professional Geologists
State Board of Examiners for Social Workers and Marriage and Family Therapists
Mississippi Auctioneer Commission
Mississippi Athletic Commission
Mississippi Capital Defense Counsel
Mississippi Capital Post Conviction Counsel
Mississippi Motor Vehicle Commission
Mississippi Real Estate Commission
Other boards, agencies, commissions and institutions desiring to receive services provided by the Office of Administrative Services may apply for approval with the Executive Director of the Department of Finance and Administration.
(8) The Executive Director of the Department of Finance and Administration shall determine cost savings from each state agency, board, commission or institution resulting from receiving services provided by the Office of Administrative Services, and shall provide a report of such savings to the Legislature not later than January 31, 2005.
SECTION 2. Section 27-104-103, Mississippi Code of 1972, is amended as follows:
27-104-103. (1) The Department of Finance and Administration shall have the following duties and powers:
(a) To provide administrative guidance to the various departments and agencies of state government;
(b) To facilitate the expedient delivery of services and programs for the benefit of the citizens of the state;
(c) To analyze and develop efficient management practices and assist departments and agencies in implementing effective and efficient work management systems;
(d) To conduct management review of state agencies and departments and recommend a management plan to state departments and agencies when corrective action is required;
(e) To, at least annually, report to the Governor and the Legislature on programs and actions taken to improve the conduct of state operations and to prepare and recommend management programs for effective and efficient management of the operations of state government;
(f) To allocate the federal-state programs funds to the departments responsible for the delivery of the programs and services for which the appropriation was made;
(g) To coordinate the planning functions of all agencies in the executive branch of government and review any and all plans which are developed by those agencies and departments;
(h) To collect and maintain the necessary data on which to base budget and policy development issues;
(i) To develop and analyze policy recommendations to the Governor;
(j) To develop and manage the executive budget process;
(k) To prepare the executive branch budget recommendations;
(l) To review and monitor the expenditures of the executive agencies and departments of government;
(m) To manage the state's fiscal affairs;
(n) To administer programs relating to general services, public procurement, insurance and the Bond Advisory Division;
(o) To administer the state's aircraft operation.
(2) The department shall have the following additional powers and duties under Chapter 18 of Title 17:
(a) It shall acquire the site submitted by the Mississippi Hazardous Waste Facility Siting Authority and, if determined necessary, design, finance, construct and operate a state commercial hazardous waste management facility;
(b) It may acquire by deed, purchase, lease, contract, gift, devise or otherwise any real or personal property, structures, rights-of-way, franchises, easements and other interest in land which is necessary and convenient for the construction or operation of the state commercial hazardous waste management facility, upon such terms and conditions as it deems advisable, hold, mortgage, pledge or otherwise encumber the same, and lease, sell, convey or otherwise dispose of the same in such a manner as may be necessary or advisable to carry out the purposes of Chapter 18 of Title 17;
(c) It shall develop and implement, in consultation with the Department of Environmental Quality, schedules of user fees, franchise fees and other charges, including nonregulatory penalties and surcharges applicable to the state commercial hazardous waste management facility;
(d) It may employ consultants and contractors to provide services including site acquisition, design, construction, operation, closure, post-closure and perpetual care of the state commercial hazardous waste management facility;
(e) It may apply for and accept loans, grants and gifts from any federal or state agency or any political subdivision or any private or public organization;
(f) It shall make plans, surveys, studies and investigations as may be necessary or desirable with respect to the acquisition, development and use of real property and the design, construction, operation, closure and long-term care of the state commercial hazardous waste management facility;
(g) It shall have the authority to preempt any local ordinance or restriction which prohibits or has the effect of prohibiting the establishment or operation of the state commercial hazardous waste management facility;
(h) It may negotiate any agreement for site acquisition, design, construction, operation, closure, post-closure and perpetual care of the state commercial hazardous waste management facility and may negotiate any agreement with any local governmental unit pursuant to Chapter 18 of Title 17;
(i) It may promulgate rules and regulations necessary to effectuate the purposes of Chapter 18 of Title 17 not inconsistent therewith;
(j) If funds are not appropriated or if the appropriated funds are insufficient to carry out the provisions of Chapter 18 of Title 17, the department shall expend any funds available to it from any source to defray its costs to implement Chapter 18 of Title 17 through February 1, 1991;
(k) It may establish an Office Administrative Services (OAS) to provide financial, personnel, budgeting and managerial services to other state agencies without sufficient resources to provide such services.
SECTION 3. This act shall take effect and be in force from and after July 1, 2004.