MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Fees, Salaries and Administration; Appropriations

By: Senator(s) Thames, Williamson, Smith, Harden

AN ACT TO AMEND SECTION 25-1-85, MISSISSIPPI CODE OF 1972, TO REVISE THE NUMBER OF MOTOR VEHICLES THAT DEPARTMENTS, AGENCIES OR INSTITUTIONS ARE ALLOWED TO PURCHASE AND OPERATE; TO DEFINE THE TERMS "ADMINISTRATIVE VEHICLE" AND "WORK VEHICLE"; TO REMOVE CERTAIN EXEMPTIONS FROM CURRENT AUTHORIZATION; TO PROVIDE THAT THE STATE AUDITOR SHALL COMMENCE A SURVEY IN WHICH EACH AGENCY CERTIFIES THE NUMBER OF WORK AND ADMINISTRATIVE VEHICLES IN ITS INVENTORY OR ON ORDER; TO REQUIRE ANY AGENCY OPERATING IN VIOLATION OF SECTION 25-1-85, MISSISSIPPI CODE OF 1972, TO DISPOSE OF EXCESS VEHICLES WITHIN A CERTAIN TIME PERIOD AND TO PROVIDE AN ADMINISTRATIVE FINE UPON ANY AGENCY WHICH FAILS TO DISPOSE OF SUCH VEHICLES; TO REQUIRE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO REVIEW ANY LEGISLATION WHICH WOULD PROVIDE AUTHORITY FOR ADDITIONAL VEHICLES AND TO REPORT TO THE LEGISLATURE ON THE NEED FOR SUCH VEHICLES; TO AMEND SECTION 27-101-1, MISSISSIPPI CODE OF 1972, TO REQUIRE EACH AGENCY, BOARD, COMMISSION, DEPARTMENT AND INSTITUTION, IN RENDERING ITS ANNUAL REPORT TO THE LEGISLATURE, TO SHOW THE NUMBER OF STATE-OWNED AUTOMOBILES PURCHASED AND OPERATED DURING THE YEAR; TO AMEND SECTION 27-103-129, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT BUDGET REQUESTS SHALL INCLUDE THE NUMBER OF VEHICLES BY CLASSIFICATION OWNED OR OPERATED BY THE AGENCY AND THE NUMBER OF VEHICLES AUTHORIZED BY LAW; TO AMEND SECTION 25-1-81, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-1-85, Mississippi Code of 1972, is amended as follows:

25-1-85. (1) The following state departments, agencies or institutions are hereby allowed to purchase, own and operate, in strict accordance with the provisions hereof, administrative and work vehicles not to exceed the following numbers:

Administrative vehicles 16

Agriculture and Commerce

Administrative vehicles 23

 * * * Attorney General

Administrative vehicles 15

Board of Health

Administrative vehicles 13

Board of Pharmacy

Administrative vehicles 4

Boswell Regional Center

Administrative vehicles 1

Bureau of Narcotics

Administrative vehicles 167

Central Mississippi Residential Center

Administrative vehicles 1

Cooperative Extension Service - MSU

Administrative vehicles 1

Department of Corrections

Administrative vehicles 13

Department of Corrections - Parole Board

Administrative vehicles 2

Department of Archives and History

Administrative vehicles 2

Department of Education

Administrative vehicles 1

Department of Environmental Quality

Administrative vehicles 12

Department of Human Services

Administrative vehicles 3

Department of Marine Resources

Administrative vehicles 10

Department of Mental Health

Department of Rehabilitation Services

Administrative vehicles 4

Department of Transportation

Administrative vehicles 115

Division of Medicaid * * *

Administrative vehicles 3

Division of Plant Industry

Administrative vehicles 23

East Mississippi State Hospital

Administrative vehicles 1

Ellisville State School

Administrative vehicles 1

Employment Security Commission

Administrative vehicles 1

Fair Commission

Administrative vehicles 1

Forestry Commission

Administrative vehicles 48

Hudspeth Regional Center

Administrative vehicles 1

Administrative vehicles 2

Juvenile Rehabilitation Facility

Administrative vehicles 1

Liquified Compressed Gas Division - Insurance Department

Administrative vehicles 10

Military Department

Administrative vehicles 5

Mississippi Board of Nursing

Administrative vehicles 3

Mississippi Gaming Commission

Administrative vehicles 60

Mississippi Library Commission

Administrative vehicles 5

Mississippi State Hospital

Administrative vehicles 2

Motor Vehicle Commission

Administrative vehicles 1

Mississippi Department of Public Safety

Administrative vehicles 600

Administrative vehicles 14

Mississippi Public Employees' Retirement System

Administrative vehicles 4

Mississippi Public Service Commission

Administrative vehicles 42

Mississippi State Port Authority at Gulfport

Administrative vehicles 6

North Mississippi Regional Center

Administrative vehicles 1

North Mississippi State Hospital

Administrative vehicles 1

Office of Building, Grounds and Real Property

Administrative vehicles 1

Office of Capitol Facilities - Capitol Police

Administrative vehicles 5

 * * * Office of State Aid Road Construction

Administrative vehicles 10

Administrative vehicles 4

Office of the State Auditor

Administrative vehicles 20

Office of the State Fire Marshal

Administrative vehicles 15

Pat Harrison Waterway District

Administrative vehicles 1

Pearl River Basin Development District

Administrative vehicles 2

Pearl River Valley Water Supply District

Administrative vehicles 7

Real Estate Commission

Administrative vehicles 2

Soil and Water Conservation * * *

Administrative vehicles 5

South Mississippi Regional Center

Administrative vehicles 1

South Mississippi State Hospital

Administrative vehicles 1

State Board of Medical Licensure

Administrative vehicles 5

State Board of Mental Health

Administrative vehicles 4

State Civil Defense Office - MEMA

Administrative vehicles 4

State Fire Fighters Academy

Administrative vehicles 1

State Oil and Gas Board

Administrative vehicles 3

State Tax - Alcoholic Beverage Control * * *

Administrative vehicles 30

State Veterans Affairs Board

Administrative vehicles 15

State Tax Commission

Administrative vehicles 8

Tennessee-Tombigbee Waterway Development Authority

Administrative vehicles 2

Tombigbee Water Supply District

Administrative vehicles 3

Wildlife, Fisheries and Parks - Boat and Water Safety Commission

Administrative vehicles 2

Wildlife, Fisheries and Parks

Administrative vehicles 60

Yellow Creek State Inland Port Authority

Administrative vehicles 1

(2) Except as provided in Sections 25-1-77 through 25-1-93, no state department, institution or agency shall purchase, operate or maintain any passenger vehicle out of any funds available for the use of such department, institution or agency, unless same has been or may be donated.

(3) No state department, agency or institution authorized to purchase, own or operate administrative and work vehicles in subsection (1) may purchase, own or operate any model of sport utility vehicle (SUV) that is designated as a luxury model by the automotive industry.

(4) For purposes of this section, the term "administrative vehicle" means vehicles which are assigned to an individual employee in an agency and may be taken home after work hours by the employee in accordance with policies developed by the employee's agency. This definition shall exclude vehicles assigned to sworn law enforcement officers of the State of Mississippi. The term "work vehicle" means those vehicles which are assigned to sworn law enforcement officers of the State of Mississippi, or those vehicles which are used during work hours by employees for official purposes and may not be taken home after work hours by an employee.

(5) The provisions of Chapter 226, Laws of 1964, remain in force and are not affected by this section.

(6) Upon the effective date of this act, the State Auditor shall commence a survey of the agencies listed in subsection (1) in which each agency shall certify the number of work and administrative vehicles in its inventory or on order. The State Auditor is authorized to devise all forms, rules and policies necessary to complete the survey, and is also authorized to make on-site visits and conduct audits necessary to ensure accuracy of the information provided by each agency. On or before December 15, 2001, the State Auditor shall prepare and deliver to the Senate Fees, Salaries and Administration Committee and the House Appropriations Committee a report of all such vehicles as reported to him, as well as any recommendations he may have regarding revision for the administrative and work vehicle counts found in subsection (1). It is the intention of the Legislature that during the 2002 Regular Session, the Legislature will adopt a two-tiered system of vehicle classification which includes administrative vehicles and work vehicles as defined by this section. This classification shall be devised in consultation with the Department of Audit. From and after July 1, 2002, the State Auditor shall notify any agency that is operating in violation of the provisions of this section, and such agency shall dispose of any excess vehicles within one hundred twenty (120) days from the date of the notice. Any agency which fails to dispose of the excess vehicles within the aforementioned time period shall be subject to an administrative fine by the State Auditor, after notice and a hearing, in an amount not to exceed Five Thousand Dollars ($5,000.00) per vehicle. Such administrative fine may be in addition to any other penalty provided by law.

(7) Any state officer, employee or board member who violates any of the foregoing provisions of Sections 25-1-77 through 25-1-85 shall be liable on his or her official bond for the total amount of the purchase price of the passenger vehicle, plus the total amount of funds expended in violation of said sections for the operating costs of such vehicle.

(8) Whenever legislation is introduced which would provide an agency authority for vehicles in addition to the vehicles authorized in subsection (1), the Department of Finance and Administration shall review the proposal and recommend to the Legislature whether or not the agency needs any additional vehicles. This recommendation shall, at minimum, be based on the department's analysis of the agency's use of its current inventory of vehicles. For purposes of administrative vehicles, the department shall consider whether the agency currently has administrative vehicles with annual mileage falling below the break-even point at which it is more economical to own a vehicles rather than pay mileage to an employee for use of his private vehicles, as well as any additional criteria the department deems appropriate in making a recommendation. The department may devise criteria appropriate for evaluating the need for work vehicles.

SECTION 2. Section 27-101-1, Mississippi Code of 1972, is amended as follows:

27-101-1. (1) Each and every educational, eleemosynary and other institution of the State of Mississippi supported in whole or in part by the state, and each and every board, agency, commission and department of government, except the Insurance and Educational departments, shall prepare, on or before December 31 of each year, a detailed report covering the annual period ending the preceding June 30. The Insurance Department shall prepare, on or before December 31 of each year, a like report covering the annual period ending the preceding March 1. The Department of Education shall prepare, on or before December 31 of each year, a like report covering the annual period ending the preceding August 30.

(2) Each agency, board, commission, department and institution required by this section to prepare an annual report also shall prepare an executive summary of the report that is not more than three (3) pages long.

(3) Each agency, board, commission, department and institution, in rendering its annual report to the Legislature, shall show the number of state-owned automobiles purchased and operated during the year, the number purchased and operated out of funds appropriated by the Legislature, the number purchased and operated out of any other public funds, the miles traveled per automobile, the total miles traveled, the average cost per mile, and depreciation estimate on each automobile. The report shall also show the cost per mile and total number of miles traveled in privately-owned automobiles for which reimbursement is made out of state funds.

SECTION 3. Section 27-103-129, Mississippi Code of 1972, is amended as follows:

27-103-129. To enable the Legislative Budget Office to prepare such budget, it shall have full and plenary power and authority to require all general-fund and special-fund agencies and the Mississippi Department of Transportation and the Division of State Aid Road Construction of the Mississippi Department of Transportation to file a budget request with such information and in such form and in such detail as it may deem necessary and advisable, and it shall have the further power and authority to reduce or eliminate any item or items of requested appropriation by any state agency in the Legislative Budget Office's recommended budget to the Legislature. However, where any item of requested appropriation shall be so reduced or eliminated, the head of the agency involved shall have the right to appear before the appropriate legislative committee to urge a revision of the budget to restore the item reduced or eliminated. Beginning with the 1996 fiscal year, the budget requests shall include a definition of the mission of the agency, a description of the duties and responsibilities of the agency, financial data relative to the various programs operated by the agency and performance measures associated with each program of the agency. The performance measures to be contained within the agency budget request shall be developed by cooperative efforts of the Legislative Budget Office, the Department of Finance and Administration and the agency itself and shall be approved jointly by the Legislative Budget Office and the Department of Finance and Administration prior to inclusion within the agency budget request. Beginning with the 1996 fiscal year, the budget requests shall also include in an addendum format a five-year strategic plan for the agency which shall include, but not be limited to, the following items of information: (a) a comprehensive mission statement, (b) performance effectiveness objectives for each program of the agency for each of the five (5) years covered by the plan, (c) a description of significant external factors which may affect the projected levels of performance, (d) a description of the agency's internal management system utilized to evaluate its performance achievements in relationship to the targeted performance levels, (e) an evaluation by the agency of the agency's performance achievements in relationship to the targeted performance levels for the two (2) preceding fiscal years for which accounting records have been finalized. Beginning with the 2003 fiscal year, the budget requests shall include the number of vehicles by classification (passenger vehicles or work vehicles) owned or operated by the agency and the number of vehicles by classification authorized in Section 25-1-85.

SECTION 4. Section 25-1-81, Mississippi Code of 1972, is amended as follows:

25-1-81. The auditor of public accounts shall refuse to issue warrants upon requisitions drawn in violation of the provisions hereof, and where any expense account is allowed and paid in violation of the provisions of Sections 25-1-77 through 25-1-93, it shall be the duty of said auditor to withhold the payment of any further expense accounts for the department, agency, or institution involved until the amount of the account or accounts illegally paid shall be refunded and repaid to the State of Mississippi by the person receiving or approving same. It is further provided that the auditor of public accounts shall prescribe and deliver to each agency, department, or institution a uniform system of expense accounts herein allowed, including a uniform system of depreciation allowance. All expense accounts for lodging shall be supported by receipted bills showing the payment thereof by such officer or employee. It is incumbent upon each agency, department, or institution to abide by and utilize the method of uniform system of expense accounts so prescribed and delivered by the auditor of public accounts. * * *

SECTION 5. This act shall take effect and be in force from and after July 1, 2001.