MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Appropriations

By: Representative Blackmon

House Bill 1201

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 61-13-1, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE USE OF STATE AIRCRAFT FOR ANY PURPOSE THAT IS NOT NECESSARY FOR CONDUCTING OFFICIAL BUSINESS OF THE STATE; TO AMEND SECTION 61-13-19, MISSISSIPPI CODE OF 1972, TO PROVIDE A PENALTY FOR VIOLATIONS; TO AMEND SECTION 25-1-79, MISSISSIPPI CODE OF 1972, TO PROHIBIT A STATEWIDE ELECTED OFFICIAL FROM USING A STATE-OWNED VEHICLE FOR THE PURPOSE OF COMMUTING TO AND FROM HIS OR HER RESIDENCE AND OFFICE; TO AMEND SECTIONS 61-13-25, 25-1-77 AND 25-9-127, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTION 61-13-11, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 61-13-1, Mississippi Code of 1972, is amended as follows:

     61-13-1.  (1)  The Department of Finance and Administration of the State of Mississippi is authorized and empowered to purchase or lease, operate and maintain nonmilitary aircraft for use by the Governor's Office, state departments, agencies, boards and commissions, the Legislature, its officers and employees, all under the general direction of the Department of Finance and Administration. 

     (2)  The use of state aircraft is limited to those purposes that are necessary for conducting official business of the state by a state officer, employee or governmental entity authorized under this subsection (1) or under Section 61-13-11 to use the aircraft.  Before any state aircraft may be used by or on behalf of any state officer or employee or governmental entity, the state officer or employee or the chief executive officer of the governmental entity shall sign and file a statement with the Department of Finance and Administration that describes in specific terms the purpose of the use of the aircraft and states that the use of the aircraft is for official business of the state.  It is unlawful for a person to knowingly and willfully use, permit or authorize the use of state aircraft for any other purpose, and violations of this provision shall be punished as provided for in Section 61-13-19(2).

     SECTION 2.  Section 61-13-11, Mississippi Code of 1972, is brought forward as follows:

     61-13-11.  Whenever the Department of Finance and Administration under the direction of the Governor's Office makes an airplane or airplanes available to some department, institution or agency of the State of Mississippi, the actual cost for the operation thereof during the time the aforesaid airplane is so assigned shall be charged to and paid for by the aforesaid department, institution or agency into the special fund set up in Section 61-13-17 for the operation of such airplanes, except planes used by the Governor and Lieutenant Governor.

     SECTION 3.  Section 61-13-19, Mississippi Code of 1972, is amended as follows:

     61-13-19.  (1)  Any violation of the provisions of this chapter other than Section 61-13-1(2) shall be punishable upon conviction by a fine of not to exceed Five Hundred Dollars ($500.00).

     (2)  A person convicted of violating Section 61-13-1(2) shall be guilty of a misdemeanor and punished:

          (a)  By a fine in an amount equal to ten (10) times the actual cost of operating the aircraft for any unlawful purposes, or by imprisonment not to exceed one (1) year, or by both a fine and imprisonment; and

          (b)  By immediately terminating the person's employment with the state or by removing the person from office.  If the person is removed from office, then that office shall be vacated, and the vacancy shall be filled as provided by law.

     SECTION 4.  Section 61-13-25, Mississippi Code of 1972, is amended as follows:

     61-13-25.  The Department of Finance and Administration shall have the following powers, duties and functions with regard to state aircraft operations:

          (a)  To administer, maintain and schedule a comprehensive program of management of state aviation activities;

          (b)  To maintain a record of all flights made by state aircraft;

          (c)  To initiate and maintain a pilot proficiency training program;

          (d)  To establish priorities and policies concerning the use of state aircraft, which shall include a requirement that the use of state aircraft be limited to that necessary for conducting official business of the state by a person authorized to use state aircraft;

          (e)  To prepare and maintain a policy/procedure manual in order to standardize all state aviation activities;

          (f)  To reassign state aircraft, when needed, that are under the control of the department.  The agency to which the aircraft is assigned shall pay the operating cost.

     SECTION 5.  Section 25-1-77, Mississippi Code of 1972, is amended as follows:

     25-1-77.  (1)  There is created the Bureau of Fleet Management within the Office of Purchasing, Travel and Fleet Management, Department of Finance and Administration, for the purposes of coordinating and promoting efficiency and economy in the purchase, lease, rental, acquisition, use, maintenance and disposal of vehicles by state agencies.  The Executive Director of the Department of Finance and Administration may employ a Fleet Management Officer to manage the bureau and carry out its purposes.  The bureau may employ other suitable and competent personnel as necessary.  The bureau shall encourage the use of fuel efficient or hybrid vehicles appropriate for the state agency's intended purpose and, when feasible, the use of alternative fuels or energy sources, including, but not limited to, ethanol, biodiesel, natural gas or electric power.  The bureau shall prepare a fiscal analysis of the cost-effectiveness of using alternative fuel or energy source vehicles by state agencies, and submit a report of that fiscal analysis to the Legislature by December 15, 2009.  Not later than July 1, 2014, at least seventy-five percent (75%) of all vehicles to which the bureau holds title in the name of the state must have a fuel economy estimate by the United States Environmental Protection Agency of forty (40) miles per gallon or higher for highway driving.

     (2)  The Bureau of Fleet Management shall perform the following duties:

          (a)  To hold title in the name of the State of Mississippi to all vehicles currently in possession of state agencies as defined in Section 25-9-107(d) and to assign vehicles to such agencies for use; however, the bureau shall exempt any agency or agency vehicles from the provisions of this paragraph (a) if it determines that state or federal law requires that title be vested only in the agency;

          (b)  To establish rules and regulations for state agency use of vehicles, including a requirement that a statewide elected official may not use a state-owned vehicle for the purpose of commuting to and from his or her residence and office;

          (c)  To gather information and specify proper fleet management practices for state agencies;

          (d)  To acquire fleet management software and require agencies to provide necessary information for the bureau to properly monitor the size, use, maintenance and disposal of the state's fleet of vehicles; the bureau shall communicate regularly with the fleet managers of each state agency to determine strengths and weaknesses of the various fleet operations; the bureau shall disseminate information to the agencies so that each can take advantage of any beneficial practices being incorporated at other entities; the bureau shall promulgate rules and regulations concerning the mileage reimbursement practices of each state agency;

          (e)  To carry out responsibilities relative to budget recommendations as provided in Section 27-103-129;

          (f)  To reassign vehicles in the possession of any state agency if the bureau believes that another state agency can make more efficient use of a vehicle; however, the state agency receiving the reassigned vehicle shall pay to the previous agency's special fund, or if no special fund exists to the State General Fund, the National Automobile Dealers Association (NADA) wholesale value for the vehicle or the estimated amount for which the vehicle would have sold at auction, as shall be determined by the bureau, whichever is less;

          (g)  To investigate at any time the vehicle usage practices of any state agency; and

          (h)  To require each agency to submit to the bureau a vehicle acquisition/use/disposal plan on an annual basis.  From the plans received, the bureau shall evaluate the proposed plans and shall submit a recommendation to the Legislature prior to January 1 of each year.

     (3)  No state department, institution or agency shall purchase, rent, lease or acquire any motor vehicle, regardless of the source of funds from which the motor vehicle is to be purchased, except under authority granted by the Department of Finance and Administration.  The Bureau of Fleet Management, Department of Finance and Administration, shall promulgate rules and regulations governing the purchase, rental, lease or acquisition of any motor vehicle by a state department, institution or agency with regard to the appropriateness of the vehicle to its intended use.  The Bureau of Fleet Management, Department of Finance and Administration, shall only grant authority to purchase, rent, lease or acquire a motor vehicle which is the lowest cost vehicle to carry out its intended use.  Before the disposal or sale of any vehicle, the Bureau of Fleet Management shall make a determination that the lifetime use and mileage of the vehicle has been maximized and that it would not be feasible for another state agency to use the vehicle.

     (4)  The department, institution or agency shall maintain proper documentation which provides the intended use of the vehicle and the basis for choosing the vehicle.  Such documentation shall show that the department, institution or agency made diligent efforts to purchase, rent, lease or acquire a vehicle that is the lowest cost vehicle for its intended use.  Such documentation shall be updated as needed when the intended use of the vehicle or any other facts concerning the vehicle are changed.  All such documentation shall be approved by the State Fleet Officer prior to purchase, rental, lease or acquisition or change in use of any vehicle and shall be maintained and made available for review by the State Auditor, any other reviewing agency and the Legislature.  The Bureau of Fleet Management shall immediately notify the department head of any agency that has a vehicle found to be in violation of the bureau's rules and regulations.  At the same time, the bureau shall notify the Speaker of the House of Representatives and the Lieutenant Governor of its findings regarding any such vehicle.  If the violation is not rectified within five (5) days of the notice, then the bureau may seize the vehicle and dispose of it as the bureau deems to be in the best interest of the State of Mississippi.

     (5)  On or before September 1 of each year, the Bureau of Fleet Management shall prepare and deliver to the Senate and House Appropriations Committees and the Joint Legislative Budget Committee a report containing any irregularities that it finds concerning purchases of state-owned vehicles.

     (6)  The Department of Public Safety and the Department of Wildlife, Fisheries and Parks may retain any vehicle seized pursuant to the forfeiture laws of this state, and the total number of vehicles assigned to each such agency shall not be reduced by the number of seized vehicles which the agency retains.

     (7)  The Bureau of Fleet Management, upon request, shall grant an exemption from the provisions of this section for only any vehicle assigned to a sworn officer of the Department of Public Safety and used in undercover operations when the bureau determines that compliance could jeopardize the life, health or safety of the sworn officer.

     (8)  The provisions of this section shall not apply to any state institution of higher learning.

     SECTION 6.  Section 25-1-79, Mississippi Code of 1972, is amended as follows:

     25-1-79.  It shall be unlawful for any officer, employee or other person whatsoever to use or permit or authorize the use of any automobile or any other motor vehicle owned by the State of Mississippi or any department, agency or institution thereof for any purpose other than upon the official business of the State of Mississippi or any agency, department or institution thereof, and it shall be unlawful for any statewide elected official to use such an automobile or motor vehicle for the purpose of commuting to and from his or her residence and office.  Further, it shall be unlawful for any such officer or employee to be paid or to receive any sums whatsoever for travel expense until the expenses for which payment is made, and each item thereof, have been actually incurred by such officer or employee, and then only upon the presentation of an itemized expense account which shall be approved in writing by the head of the department, agency or institution on whose behalf such travel is performed.  However, it is expressly provided that any such officer or employee traveling on business for and in behalf of the State of Mississippi may, strictly in the discretion of an agency, institution or department head, receive in advance from state funds for the purpose of such travel expense a sum to be specified by such aforementioned superior.  Further, strict account of any sum so advanced must be kept in accord with Section 25-1-81.

     SECTION 7.  Section 25-9-127, Mississippi Code of 1972, is amended as follows:

     25-9-127.  (1)  No employee of any department, agency or institution who is included under this chapter or hereafter included under its authority, and who is subject to the rules and regulations prescribed by the state personnel system may be dismissed or otherwise adversely affected as to compensation or employment status except for inefficiency or other good cause, and after written notice and hearing within the department, agency or institution as shall be specified in the rules and regulations of the State Personnel Board complying with due process of law; and any employee who has by written notice of dismissal or action adversely affecting his compensation or employment status shall, on hearing and on any appeal of any decision made in such action, be required to furnish evidence that the reasons stated in the notice of dismissal or action adversely affecting his compensation or employment status are not true or are not sufficient grounds for the action taken; provided, however, that this provision shall not apply (a) to persons separated from any department, agency or institution due to curtailment of funds or reduction in staff when such separation is in accordance with rules and regulations of the state personnel system; (b) during the probationary period of state service of twelve (12) months; * * * (c) to an executive officer of any state agency who serves at the will and pleasure of the Governor, board, commission or other appointing authority; and (d) to a person convicted of violating Section 61-13-1(2), which relates to the use of state aircraft for any purpose other than official business of the state.

     (2)  The operation of a state-owned motor vehicle without a valid Mississippi driver's license by an employee of any department, agency or institution that is included under this chapter and that is subject to the rules and regulations of the state personnel system shall constitute good cause for dismissal of such person from employment.

     (3)  Beginning July 1, 1999, every male between the ages of eighteen (18) and twenty-six (26) who is required to register under the federal Military Selective Service Act, 50 USCS App. 453, and who is an employee of the state shall not be promoted to any higher position of employment with the state until he submits to the person, commission, board or agency by which he is employed satisfactory documentation of his compliance with the draft registration requirements of the Military Selective Service Act.  The documentation shall include a signed affirmation under penalty of perjury that the male employee has complied with the requirements of the federal selective service act.

     SECTION 8.  This act shall take effect and be in force from and after July 1, 2011.