Senate Bill 2503

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 49-4-6, MISSISSIPPI CODE OF 1972, TO REQUIRE THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS TO BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE; TO ESTABLISH THAT THE DIRECTOR MAY SERVE A TERM OF FOUR YEARS AND MAY SEEK REAPPOINTMENT SUBJECT TO THE APPROVAL AND APPOINTMENT BY THE GOVERNOR AND THE ADVICE AND CONSENT OF THE SENATE; TO PROVIDE THAT AN APPOINTMENT TO FILL AN UNEXPIRED TERM OCCURRING DUE TO THE DEATH, REMOVAL OR RESIGNATION OF AN INCUMBENT SHALL NOT BE SUBJECT TO THE TIME CONSTRAINTS PROVIDED FOR APPOINTMENTS TO FULL FOUR-YEAR TERMS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-4-6, Mississippi Code of 1972, is amended as follows:

49-4-6. (1) There is hereby created the Mississippi Department of Wildlife, Fisheries and Parks, whose principal office shall be located in Jackson, Mississippi.

(2) (a) The department shall be headed by an executive director who shall be appointed by the Governor with the advice and consent of the Senate. The commission shall submit to the Governor three (3) qualified nominees for the position of executive director. The Governor shall appoint the executive director from the list of qualified nominees submitted * * *. The executive director may serve a term of four (4) years and shall be eligible for reappointment at the end of each term. A reappointment by the Governor shall be subject to the advice and consent of the Senate. No person appointed by the Governor to serve as executive director shall be eligible to take office unless his name shall have been submitted to the Senate for its advice and consent at least thirty (30) days prior to the scheduled adjournment of the regular session of the Legislature being held in the calendar year in which the term of the office of the incumbent shall expire; however, if for any reason an appointment is not given the advice and consent of the Senate prior to the adjournment of such regular session, the Governor may submit an appointment to the Senate for its advice and consent at any time during a regular or extraordinary session of the Legislature.

(b) When a vacancy occurs by the death, removal or resignation of the incumbent, the incumbent's replacement shall be appointed by the Governor, with the advice and consent of the Senate, to serve for the remainder of the unexpired term, but the appointment shall not be subject to the time constraints in paragraph (a) of this subsection. Upon expiration of the remainder of the term, the executive director shall be eligible for reappointment by the Governor, with the advice and consent of the Senate, for a four-year term as provided in paragraph (a) of this subsection.

(c) The executive director may assign those powers and duties as deemed appropriate to carry out the department's lawful functions. Upon recommendation by the Governor to the commission, the executive director may be removed from office only by both a majority vote of the membership of the commission and the Governor's approval of the removal. To remove the executive director the commission must determine on sound evidence that there is good cause for removal such as willful dereliction in carrying out the duties of executive director, obvious malfeasance in his actions as executive director or conviction of any criminal act. After the determination is made by the commission that the executive director should be removed from office, the commission shall notify the Governor of its determination and the Governor must approve that determination before the executive director is actually removed from office.

(3) The executive director shall appoint heads, who will serve at the pleasure of the executive director.

(4) The executive director shall have the authority to organize the department as deemed appropriate to carry out the responsibilities of the department. The organizational charts of the department shall be presented annually with the budget request of the Governor for review by the Legislature.

(5) The executive director shall develop and implement a merit promotion system for all sworn law enforcement officers. Promotion to higher rank shall be based on an individual's merit and length of service. The executive director shall implement the merit promotion system before July 1, 1995.

SECTION 2. This act shall take effect and be in force from and after July 1, 2022.