MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Sel Cmte on Fiscal Stability
By: Representative Simpson, Akins, Aldridge, Baker (74th), Baker (8th), Barnett, Beckett, Bentz, Capps, Carlton, Chism, Davis, Denny, Ellington, Fillingane, Formby, Frierson, Guice, Gunn, Hamilton (109th), Hamilton (6th), Howell, Ishee, Janus, Jennings, Lott, Martinson, Masterson, Mayhall, Mims, Moody, Moore, Read, Reed, Reeves, Robinson (84th), Rogers (61st), Rotenberry, Smith (39th), Smith (59th), Snowden, Staples, Stevens, Turner, Upshaw, Weathersby, Wells-Smith, Woods, Zuber
AN ACT TO REQUIRE CERTAIN EFFICIENCIES IN THE ADMINISTRATION OF STATE GOVERNMENT; TO AMEND SECTION 25-9-127, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FOR A PERIOD OF ONE YEAR, THE PERSONNEL ACTIONS OF CERTAIN EXECUTIVE AGENCIES SHALL BE EXEMPT FROM CERTAIN STATE PERSONNEL BOARD PROCEDURES; TO AMEND SECTIONS 41-29-107, 41-29-108, 41-29-111 AND 45-1-2, MISSISSIPPI CODE OF 1972, TO ASSIGN THE COMMISSIONER OF PUBLIC SAFETY SUCH POWERS AND DUTIES DEEMED NECESSARY TO CARRY OUT THE LAWFUL FUNCTIONS OF THE MISSISSIPPI BUREAU OF NARCOTICS, TO PROVIDE FOR THE APPOINTMENT OF THE DIRECTOR OF THE BUREAU, TO PROVIDE THAT FUNDS APPROPRIATED TO THE DEPARTMENT OF PUBLIC SAFETY FOR THE USE OF THE BUREAU SHALL BE BUDGETED AND MAINTAINED BY THE DEPARTMENT; TO AMEND SECTION 1, CHAPTER 520, LAWS OF 1972, IN CONFORMITY THERETO; TO AMEND SECTIONS 37-101-15 AND 37-4-3, MISSISSIPPI CODE OF 1972, TO DIRECT THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING AND THE STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES TO CONDUCT A JOINT STUDY TO DETERMINE OPPORTUNITIES FOR COST SAVINGS THROUGH CENTRALIZATION OR COORDINATION OF ADMINISTRATIVE SERVICES, AND TO REPORT SUCH FINDINGS TO THE LEGISLATURE NOT LATER THAN OCTOBER 1, 2004, WITH SAID REPORT TO INCLUDE COST SAVINGS TO BE REALIZED ANNUALLY; TO AMEND SECTIONS 41-4-7 AND 41-4-21, MISSISSIPPI CODE OF 1972, TO DIRECT THE MISSISSIPPI DEPARTMENT OF MENTAL HEALTH TO MAINTAIN A CENTRAL ADMINISTRATIVE OFFICE FOR SUPPORT SERVICES; TO PROVIDE THAT INTEREST EARNED ON THE STATE HIGHWAY FUND MAINTAINED AND ADMINISTERED BY THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION SHALL BE CREDITED TO THE STATE GENERAL FUND; TO AMEND SECTION 65-11-35, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; 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. 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; * * * however, * * * 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; and (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.
(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.
(4) For a period of one (1) year after the effective date of this act, the provisions of Section 25-9-127(1) shall not apply to the personnel actions of the following executive agencies:
(a) Division of Medicaid, Office of the Governor;
(b) Mississippi Department of Corrections;
(c) Mississippi Department of Finance and Administration;
(d) Mississippi Department of Human Services;
(e) Mississippi Department of Public Safety and the Mississippi Bureau of Narcotics;
(f) Mississippi Emergency Management Agency;
(g) Mississippi Development Authority;
(h) Mississippi Department of Environmental Quality;
(i) Mississippi Employment Security Commission and its successor agency the Department of Employment Security, Office of the Governor.
All new employees in the executive agencies named above shall meet criteria of the State Personnel Board as presently exists for employment.
SECTION 2. Section 41-29-107, Mississippi Code of 1972, is amended as follows:
41-29-107. (1) From and after July 1, 2004, the Commissioner of Public Safety may assign to the appropriate offices such powers and duties deemed appropriate to carry out the lawful functions of the Mississippi Bureau of Narcotics.
(2) There is * * * created within the Mississippi Department of Public Safety an office to be known as the Mississippi Bureau of Narcotics * * *. The office shall have * * * a director who shall be appointed by the Governor with the advice and consent of the Senate.
(3) Any funds, property or PINS that are appropriated to or otherwise received by the bureau, or appropriated to, transferred to or otherwise received by the Department of Public Safety for the use of the bureau, shall be budgeted and maintained by the department as funds of the department. Personnel occupying PINS transferred from the Mississippi Bureau of Narcotics to the Mississippi Department of Public Safety shall serve on a probationary basis for the twelve (12) months following transfer.
(4) The Commissioner of Public Safety is empowered to employ or appoint necessary agents. The Commissioner of Public Safety may also employ such secretarial, clerical and administrative personnel, including a duly licensed attorney, as necessary for the operation of the bureau, and shall have such quarters, equipment and facilities as needed. The salary and qualifications of the attorney authorized by this section shall be fixed by the director, but the salary shall not exceed the salary authorized for an assistant attorney general who performs similar duties.
(5) The director and agents so appointed shall be citizens of the United States and of the State of Mississippi, and of good moral character. The agents shall be not less than twenty-one (21) nor shall have attained the age of thirty-six (36) years of age at the time of such appointment. In addition thereto, those appointed shall have satisfactorily completed at least two (2) years of college studies. However, two (2) years of satisfactory service as a law enforcement officer and the completion of the prescribed course of study at a school operated by the Drug Enforcement Administration or the United States Justice Department shall satisfy one (1) year of such college studies, and four (4) years of satisfactory service as a law enforcement officer and the completion of the prescribed course of study at such federal bureau school as stated heretofore shall fully satisfy the two (2) years of college requirement. The director shall also be required to complete a prescribed course of study at a school operated by the Drug Enforcement Administration or the United States Justice Department.
* * *
(6) The Commissioner of Public Safety may assign members of the Mississippi Highway Safety Patrol, regardless of age, to the bureau * * *; however, when any highway patrolman or other employee, agent or official of the Mississippi Department of Public Safety is assigned to duty with, or is employed by, the bureau, he shall not be subject to assignment or transfer to any other office or department within the Mississippi Department of Public Safety except by the Commissioner of Public Safety. Any highway patrolman assigned to duty with the bureau shall retain his status as a highway patrolman, but shall be under the supervision of the director. For purposes of compensation and seniority within the Highway Safety Patrol and for purposes of retirement under the Mississippi Highway Safety Patrol Retirement System, highway patrolmen assigned to the bureau will be credited as if performing duty with the Highway Safety Patrol. The Commissioner of Public Safety may assign employees of the Highway Safety Patrol to the Mississippi Bureau of Narcotics and also assign agents of the bureau to the Highway Patrol; however, employees so assigned meet all established requirements for duty.
(7) The Commissioner of Public Safety may enter into contracts or agreements with the State Board of Health for purposes of recruitment and screening of applicants through the merit system.
(8) The Commissioner of Public Safety may enter into agreements with bureaus or departments of other states or of the United States for the exchange or temporary assignment of agents for special undercover assignments and for performance of specific duties.
(9) The Commissioner of Public Safety is hereby authorized to assign agents of the bureau to such duty and to request and accept agents from such other bureaus or departments for such duty.
(10) In transferring the responsibilities of the Mississippi Bureau of Narcotics to the Department of Public Safety, the commissioner and the director shall develop and implement written security precautions which shall be observed by all affected employees. The commissioner and the director of the bureau shall review, modify and approve the plan before the effective date of the merger of responsibilities required in this section.
SECTION 3. Section 41-29-108, Mississippi Code of 1972, is amended as follows:
41-29-108. (1) The Commissioner of Public Safety is * * * authorized to accept vehicles which may be available from the federal government for use in enforcement of this article. The commissioner is further authorized to expend reasonable funds from any funds appropriated for the bureau for the delivery, repair and maintenance of such automobiles.
(2) The commissioner is further authorized to rent or lease motor vehicles for undercover missions. Such vehicles shall be used only on specified missions and not as additions to the regularly authorized and budgeted vehicles of the bureau.
SECTION 4. Section 41-29-111, Mississippi Code of 1972, is amended as follows:
41-29-111. The Commissioner of Public Safety shall administer this article and shall work in conjunction and cooperation with the State Board of Pharmacy, county and municipal law enforcement agencies, the district and county attorneys, the Office of the Attorney General and the Mississippi Highway Safety Patrol. The State Board of Health shall work with the bureau in an advisory capacity and shall be responsible for recommending to the Legislature the appropriate schedule for all substances to be scheduled or rescheduled in Sections 41-29-113 through 41-29-121. In making a recommendation regarding a substance, the board shall consider the following:
(a) (1) The actual or relative potential for abuse;
(2) The scientific evidence of its pharmacological effect, if known;
(3) The state of current scientific knowledge regarding the substance;
(4) The history and current pattern of abuse;
(5) The scope, duration and significance of abuse;
(6) The risk to the public health;
(7) The potential of the substance to produce psychic or physiological dependence liability; and
(8) Whether the substance is an immediate precursor of a substance already controlled under this article.
(b) After considering the factors enumerated in paragraph (a), the board shall make findings with respect thereto and issue a recommendation to control the substance if it finds the substance has a potential for abuse.
(c) If the board designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be recommended for control solely because they are precursors of the controlled precursor.
(d) If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the board, it shall recommend the control of the substance under this article at the next session of the Legislature.
(e) Authority to control under this article does not extend to distilled spirits, wine, malt beverages, or tobacco as those terms are defined or used in the Local Option Alcoholic Beverage Control Law, being Sections 67-1-1 through 67-1-91, and the Tobacco Tax Law of 1934, being Sections 27-69-1 through 27-69-77. It is the intent of the Legislature of the State of Mississippi that the bureau shall concentrate its efforts and resources on the enforcement of the Uniform Controlled Substances Law with respect to illicit narcotic and drug traffic in the state.
The controlled substances listed in the schedules in Sections 41-29-113 through 41-29-121 are included by whatever official, common, usual, chemical or trade name designated.
(f) The board shall recommend the exclusion of any nonnarcotic substance from a schedule if such substance may, under the Federal Food, Drug and Cosmetic Act and the laws of this state, be lawfully sold over the counter without a prescription.
SECTION 5. Section 45-1-2, Mississippi Code of 1972, is amended as follows:
45-1-2. (1) The Executive Director of the Department of Public Safety shall be the Commissioner of Public Safety.
(2) The Commissioner of Public Safety shall establish the organizational structure of the Department of Public Safety which shall include the creation of any units necessary to implement the duties assigned to the department and consistent with specific requirements of law, including, but not limited to:
(a) Office of Public Safety Planning;
(b) Office of Medical Examiner;
(c) Office of Mississippi Highway Safety Patrol;
(d) Office of Crime Laboratories;
(e) Office of Law Enforcement Officers' Training Academy;
(f) Office of Support Services; and
(g) The Office of Narcotics, known as the Mississippi Bureau of Narcotics * * *.
(3) The department shall be headed by a commissioner who shall be appointed by and serve at the pleasure of the Governor. The appointment of the commissioner shall be made with the advice and consent of the Senate. The commissioner may assign to the appropriate offices such powers and duties as deemed appropriate to carry out the department's lawful functions.
(4) The commissioner of the department shall appoint heads of offices, who shall serve at the pleasure of the commissioner. The commissioner shall have the authority to organize the offices established by subsection (2) of this section as deemed appropriate to carry out the responsibilities of the department. The organization charts of the department shall be presented annually with the budget request of the Governor for review by the Legislature.
(5) The commissioner of the department shall appoint, from within the Department of Public Safety, a statewide safety training officer who shall serve at the pleasure of the commissioner and whose duty it shall be to perform public training for both law enforcement and private persons throughout the state concerning proper emergency response to the mentally ill, terroristic threats or acts, domestic conflict, other conflict resolution, and such other matters as the commissioner may direct.
SECTION 6. Section 1, Chapter 520, Laws of 1972, is amended as follows:
Section 1. (a) The Mississippi Bureau of Drug Enforcement shall henceforth be designated as an office known as the Mississippi Bureau of Narcotics within the Department of Public Safety.
(b) The Mississippi Bureau of Drug Enforcement as created by Chapter 521, Section 3, Laws of 1971, being Section 6831-53, Mississippi Code of 1942, is * * * transferred from the State Board of Health to the Mississippi Department of Public Safety; all personnel, records, property, equipment and all funds allocated the Bureau of Drug Enforcement are * * * transferred to and placed under the supervision of the Mississippi Bureau of Narcotics of the Department of Public Safety. * * *
SECTION 7. Section 37-101-15, Mississippi Code of 1972, is amended as follows:
37-101-15. (a) The Board of Trustees of State Institutions of Higher Learning shall succeed to and continue to exercise control of all records, books, papers, equipment, and supplies, and all lands, buildings, and other real and personal property belonging to or assigned to the use and benefit of the board of trustees formerly supervising and controlling the institutions of higher learning named in Section 37-101-1. The board shall have and exercise control of the use, distribution and disbursement of all funds, appropriations and taxes, now and hereafter in possession, levied and collected, received, or appropriated for the use, benefit, support, and maintenance or capital outlay expenditures of the institutions of higher learning, including the authorization of employees to sign vouchers for the disbursement of funds for the various institutions, except where otherwise specifically provided by law.
(b) The board shall have general supervision of the affairs of all the institutions of higher learning, including the departments and the schools thereof. The board shall have the power in its discretion to determine who shall be privileged to enter, to remain in, or to graduate therefrom. The board shall have general supervision of the conduct of libraries and laboratories, the care of dormitories, buildings, and grounds; the business methods and arrangement of accounts and records; the organization of the administrative plan of each institution; and all other matters incident to the proper functioning of the institutions. The board shall have the authority to establish minimum standards of achievement as a prerequisite for entrance into any of the institutions under its jurisdiction, which standards need not be uniform between the various institutions and which may be based upon such criteria as the board may establish.
(c) The board shall exercise all the powers and prerogatives conferred upon it under the laws establishing and providing for the operation of the several institutions herein specified. The board shall adopt such bylaws and regulations from time to time as it deems expedient for the proper supervision and control of the several institutions of higher learning, insofar as such bylaws and regulations are not repugnant to the Constitution and laws, and not inconsistent with the object for which these institutions were established. The board shall have power and authority to prescribe rules and regulations for policing the campuses and all buildings of the respective institutions, to authorize the arrest of all persons violating on any campus any criminal law of the state, and to have such law violators turned over to the civil authorities.
(d) For all institutions specified herein, the board shall provide a uniform system of recording and of accounting approved by the State Department of Audit. The board shall annually prepare, or cause to be prepared, a budget for each institution of higher learning for the succeeding year which must be prepared and in readiness for at least thirty (30) days before the convening of the regular session of the Legislature. All relationships and negotiations between the State Legislature and its various committees and the institutions named herein shall be carried on through the board of trustees. No official, employee or agent representing any of the separate institutions shall appear before the Legislature or any committee thereof except upon the written order of the board or upon the request of the Legislature or a committee thereof.
(e) For all institutions specified herein, the board shall prepare an annual report to the Legislature setting forth the disbursements of all monies appropriated to the respective institutions. Each report to the Legislature shall show how the money appropriated to the several institutions has been expended, beginning and ending with the fiscal years of the institutions, showing the name of each teacher, officer, and employee, and the salary paid each, and an itemized statement of each and every item of receipts and expenditures. Each report must be balanced, and must begin with the former balance. If any property belonging to the state or the institution is used for profit, the reports shall show the expense incurred in managing the property and the amount received therefrom. The reports shall also show a summary of the gross receipts and gross disbursements for each year and shall show the money on hand at the beginning of the fiscal period of the institution next preceding each session of the Legislature and the necessary amount of expense to be incurred from said date to January 1 following. The board shall keep the annual expenditures of each institution herein mentioned within the income derived from legislative appropriations and other sources, but in case of emergency arising from acts of providence, epidemics, fire or storm with the written approval of the Governor and by written consent of a majority of the Senators and of the Representatives it may exceed the income. The board shall require a surety bond in a surety company authorized to do business in this state, of every employee who is the custodian of funds belonging to one or more of the institutions mentioned herein, which bond shall be in a sum to be fixed by the board in an amount that will properly safeguard the said funds, the premium for which shall be paid out of the funds appropriated for said institutions.
(f) The board shall have the power and authority to elect the heads of the various institutions of higher learning and to contract with all deans, professors, and other members of the teaching staff, and all administrative employees of said institutions for a term of not exceeding four (4) years. The board shall have the power and authority to terminate any such contract at any time for malfeasance, inefficiency, or contumacious conduct, but never for political reasons. It shall be the policy of the board to permit the executive head of each institution to nominate for election by the board all subordinate employees of the institution over which he presides. It shall be the policy of the board to elect all officials for a definite tenure of service and to reelect during the period of satisfactory service. The board shall have the power to make any adjustments it thinks necessary between the various departments and schools of any institution or between the different institutions.
(g) The board shall keep complete minutes and records of all proceedings which shall be open for inspection by any citizen of the state.
(h) The board shall have the power to contract, on a shared-savings, lease or lease-purchase basis, for energy efficiency services and/or equipment as prescribed in Section 31-7-14, not to exceed ten (10) years.
(i) The Board of Trustees of State Institutions of Higher Learning, for and on behalf of Jackson State University, is hereby authorized to convey by donation or otherwise easements across portions of certain real estate located in the City of Jackson, Hinds County, Mississippi, for right-of-way required for the Metro Parkway Project.
(j) The Board of Trustees of State Institutions of Higher Learning shall conduct a joint study with the State Board for Community and Junior Colleges to determine opportunities for cost savings, which shall include, but not be limited to, duplication of services and other administrative functions that could be centralized, eliminated or improved to produce savings. It is the intention of the Legislature that the cost savings resulting from implementation of the findings of this study shall be redirected from administrative expenses to instruction and research programs in fiscal year 2005. A report of the joint study, its findings and implementation plan shall be provided to the Chairman of the Senate Appropriations Committee, Chairman of the House Appropriations Committee, Chairman of the Senate Universities and Colleges Committee, Chairman of the House Universities and Colleges Committee and the State Fiscal Officer not later than October 1, 2004, and annually thereafter as deemed necessary. The report shall identify savings that shall be realized between the Board of Trustees of State Institutions of Higher Learning and the State Board for Community and Junior Colleges annually.
SECTION 8. Section 37-4-3, Mississippi Code of 1972, is amended as follows:
37-4-3. (1) From and after July 1, 1986, there shall be a State Board for Community and Junior Colleges which shall receive and distribute funds appropriated by the Legislature for the use of the public community and junior colleges and funds from federal and other sources that are transmitted through the state governmental organization for use by said colleges. This board shall provide general coordination of the public community and junior colleges, assemble reports and such other duties as may be prescribed by law.
(2) The board shall consist of ten (10) members of which none shall be an elected official and none shall be engaged in the educational profession. The Governor shall appoint two (2) members from the First Mississippi Congressional District, one (1) who shall serve an initial term of two (2) years and one (1) who shall serve an initial term of five (5) years; two (2) members from the Second Mississippi Congressional District, one (1) who shall serve an initial term of five (5) years and one (1) who shall serve an initial term of three (3) years; and two (2) members from the Third Mississippi Congressional District, one (1) who shall serve an initial term of four (4) years and one (1) who shall serve an initial term of two (2) years; two (2) members from the Fourth Mississippi Congressional District, one (1) who shall serve an initial term of three (3) years and one (1) who shall serve an initial term of four (4) years; and two (2) members from the Fifth Mississippi Congressional District, one (1) who shall serve an initial term of five (5) years and one (1) who shall serve an initial term of two (2) years. All subsequent appointments shall be for a term of six (6) years and continue until their successors are appointed and qualify. An appointment to fill a vacancy which arises for reasons other than by expiration of a term of office shall be for the unexpired term only. No two (2) appointees shall reside in the same junior college district. All members shall be appointed with the advice and consent of the Senate.
(3) There shall be a chairman and vice chairman of the board, elected by and from the membership of the board; and the chairman shall be the presiding officer of the board. The board shall adopt rules and regulations governing times and places for meetings and governing the manner of conducting its business.
(4) The members of the board shall receive no annual salary, but shall receive per diem compensation as authorized by Section 25-3-69, for each day devoted to the discharge of official board duties and shall be entitled to reimbursement for all actual and necessary expenses incurred in the discharge of their duties, including mileage as authorized by Section 25-3-41.
(5) The board shall name a director for the state system of public junior and community colleges, who shall serve at the pleasure of the board. Such director shall be the chief executive officer of the board, give direction to the board staff, carry out the policies set forth by the board, and work with the presidents of the several community and junior colleges to assist them in carrying out the mandates of the several boards of trustees and in functioning within the state system and policies established by the State Board for Community and Junior Colleges. The State Board for Community and Junior Colleges shall set the salary of the Director of the State System of Community and Junior Colleges. The Legislature shall provide adequate funds for the State Board for Community and Junior Colleges, its activities and its staff.
(6) The powers and duties of the State Board for Community and Junior Colleges shall be:
(a) To authorize disbursements of state appropriated funds to community and junior colleges through orders in the minutes of the board.
(b) To make studies of the needs of the state as they relate to the mission of the community and junior colleges.
(c) To approve new, changes to and deletions of vocational and technical programs to the various colleges.
(d) To require community and junior colleges to supply such information as the board may request and compile, publish and make available such reports based thereon as the board may deem advisable.
(e) To approve proposed new attendance centers (campus locations) as the local boards of trustees should determine to be in the best interest of the district. Provided, however, that no new community/junior college branch campus shall be approved without an authorizing act of the Legislature.
(f) To serve as the state approving agency for federal funds for proposed contracts to borrow money for the purpose of acquiring land, erecting, repairing, etc. dormitories, dwellings or apartments for students and/or faculty, such loans to be paid from revenue produced by such facilities as requested by local boards of trustees.
(g) To approve applications from community and junior colleges for state funds for vocational-technical education facilities.
(h) To approve any university branch campus offering lower undergraduate level courses for credit.
(i) To appoint members to the Post-Secondary Educational Assistance Board.
(j) To appoint members to the Authority for Educational Television.
(k) To contract with other boards, commissions, governmental entities, foundations, corporations or individuals for programs, services, grants and awards when such are needed for the operation and development of the state public community and junior college system.
(l) To fix standards for community and junior colleges to qualify for appropriations, and qualifications for community and junior college teachers.
(m) To have sign-off approval on the State Plan for Vocational Education which is developed in cooperation with appropriate units of the State Department of Education.
(n) To approve or disapprove of any proposed inclusion within municipal corporate limits of state-owned buildings and grounds of any community college or junior college and to approve or disapprove of land use development, zoning requirements, building codes and delivery of governmental services applicable to state-owned buildings and grounds of any community college or junior college. Any agreement by a local board of trustees of a community college or junior college to annexation of state-owned property or other conditions described in this paragraph shall be void unless approved by the board and by the board of supervisors of the county in which the state-owned property is located.
(o) To conduct a joint study with the Board of Trustees of State Institutions of Higher Learning to determine opportunities for cost savings, which shall include, but not be limited to, duplication of services and other administrative functions that could be centralized, eliminated or improved to produce savings. It is the intention of the Legislature that the cost savings resulting from implementation of the findings of this study shall be redirected from administrative expenses to instruction and research programs in fiscal year 2005. A report of the joint study, its findings and implementation plan shall be provided to the Chairman of the Senate Appropriations Committee, Chairman of the House Appropriations Committee, Chairman of the Senate Universities and Colleges Committee, Chairman of the House Universities and Colleges Committee and the State Fiscal Officer not later than October 1, 2004, and annually thereafter as deemed necessary. The report shall identify savings that shall be realized between the Board of Trustees of State Institutions of Higher Learning and the State Board for Community and Junior Colleges annually.
SECTION 9. Section 41-4-7, Mississippi Code of 1972, is amended as follows:
41-4-7. The State Board of Mental Health shall have the following powers and duties:
(a) To appoint a full-time Executive Director of the Department of Mental Health, who shall be employed by the board and shall serve as executive secretary to the board. The first director shall be a duly licensed physician with special interest and competence in psychiatry, and shall possess a minimum of three (3) years' experience in clinical and administrative psychiatry. Subsequent directors shall possess at least a master's degree or its equivalent, and shall possess at least ten (10) years' administrative experience in the field of mental health. The salary of the executive director shall be determined by the board;
(b) To set up state plans for the purpose of controlling and treating any and all forms of mental and emotional illness, alcoholism, drug misuse and developmental disabilities;
(c) To supervise, coordinate and establish standards for all operations and activities of the state related to mental health and providing mental health services, including, but not limited to: the requirement that no person be approved for treatment which is paid for by funds made available through the department who has not had a treatment plan established as a result of having been seen by a licensed physician or licensed clinical psychologist and that physician or clinical psychologist signing these plans stating that he/she has personally evaluated the client and that the treatment plan is medically necessary. A physician or clinical psychologist shall recertify each client's record at least semiannually (except for persons with a diagnosis of mental retardation/developmental disability which shall be completed annually), and more often if medically indicated by physically visiting the client and certifying same in the record. The board shall have the authority to develop and implement all standards and plans and shall have the authority to establish appropriate actions, including financially punitive actions, to insure enforcement of these established standards, in accordance with the Administrative Procedures Law (Section 25-43-1 et seq.);
(d) To enter into contracts with any other state or federal agency, or with any private person, organization or group capable of contracting, if it finds such action to be in the public interest;
(e) To collect reasonable fees for its services; provided, however, if it is determined that a person receiving services is unable to pay the total fee, the department shall collect any amount such person is able to pay;
(f) To certify, coordinate and establish minimum standards and establish minimum required services for regional mental health and mental retardation commissions and other community service providers for community or regional programs and services in mental health, mental retardation, alcoholism, drug misuse, developmental disabilities, compulsive gambling, addictive disorders and related programs throughout the state. Such regional mental health and mental retardation commissions and other community service providers shall submit an annual operational plan to the State Department of Mental Health for approval or disapproval based on the minimum standards and minimum required services established by the department for certification. If the department finds deficiencies in the plan of any regional commission or community service provider based on the minimum standards and minimum required services established for certification, the department shall give the regional commission or community service provider a six-month probationary period to bring its standards and services up to the established minimum standards and minimum required services. After the six-month probationary period, if the department determines that the regional commission or community service provider still does not meet the minimum standards and minimum required services established for certification, the department may remove the certification of the commission or provider. However, the department shall not mandate a standard or service, or decertify a regional commission or community service provider for not meeting a standard or service, if the standard or service does not have funding appropriated by the Legislature or have a funding source from the State Department of Mental Health or a local funding source. The State Board of Mental Health shall promulgate rules and regulations necessary to implement the provisions of this paragraph (f), in accordance with the Administrative Procedures Law (Section 25-43-1 et seq.);
(g) To establish and promulgate reasonable minimum standards for the construction and operation of state and all Department of Mental Health certified facilities, including reasonable minimum standards for the admission, diagnosis, care, treatment, transfer of patients and their records, and also including reasonable minimum standards for providing day care, outpatient care, emergency care, inpatient care and follow-up care, when such care is provided for persons with mental or emotional illness, mental retardation, alcoholism, drug misuse and developmental disabilities;
(h) To assist community or regional programs consistent with the purposes of this chapter by making grants and contracts from available funds;
(i) To establish and collect reasonable fees for necessary inspection services incidental to certification or compliance;
(j) To accept gifts, trusts, bequests, grants, endowments or transfers of property of any kind;
(k) To receive monies coming to it by way of fees for services or by appropriations;
(l) To serve as the single state agency in receiving and administering any and all funds available from any source for the purpose of service delivery, training, research and education in regard to all forms of mental illness, mental retardation, alcoholism, drug misuse and developmental disabilities, unless such funds are specifically designated to a particular agency or institution by the federal government, the Mississippi Legislature or any other grantor;
(m) To establish mental health holding centers for the purpose of providing short-term emergency mental health treatment, places for holding persons awaiting commitment proceedings or awaiting placement in a state mental health facility following commitment, and for diverting placement in a state mental health facility. These mental health holding facilities shall be readily accessible, available statewide, and be in compliance with emergency services' minimum standards. They shall be comprehensive and available to triage and make appropriate clinical disposition, including the capability to access inpatient services or less restrictive alternatives, as needed, as determined by medical staff. Such facility shall have medical, nursing and behavioral services available on a twenty-four-hour-a-day basis. The board may provide for all or part of the costs of establishing and operating the holding centers in each district from such funds as may be appropriated to the board for such use, and may participate in any plan or agreement with any public or private entity under which the entity will provide all or part of the costs of establishing and operating a holding center in any district;
(n) To certify/license case managers, mental health therapists, mental retardation therapists, mental health/retardation program administrators, addiction counselors and others as deemed appropriate by the board. Persons already professionally licensed by another state board or agency are not required to be certified/licensed under this section by the Department of Mental Health. The department shall not use professional titles in its certification/licensure process for which there is an independent licensing procedure. Such certification/licensure shall be valid only in the state mental health system, in programs funded and/or certified by the Department of Mental Health, and/or in programs certified/licensed by the State Department of Health that are operated by the state mental health system serving the mentally ill, mentally retarded, developmentally disabled or persons with addictions, and shall not be transferable;
(o) To develop formal mental health worker qualifications for regional mental health and mental retardation commissions and other community service providers. The State Personnel Board shall develop and promulgate a recommended salary scale and career ladder for all regional mental health/retardation center therapists and case managers who work directly with clients. The State Personnel Board shall also develop and promulgate a career ladder for all direct care workers employed by the State Department of Mental Health;
(p) The employees of the department shall be governed by personnel merit system rules and regulations, the same as other employees in state services;
(q) To establish such rules and regulations as may be necessary in carrying out the provisions of this chapter, including the establishment of a formal grievance procedure to investigate and attempt to resolve consumer complaints;
(r) To grant easements for roads, utilities and any other purpose it finds to be in the public interest;
(s) To survey statutory designations, building markers and the names given to mental health/retardation facilities and proceedings in order to recommend deletion of obsolete and offensive terminology relative to the mental health/retardation system;
(t) To ensure an effective case management system directed at persons who have been discharged from state and private psychiatric hospitals to ensure their continued well-being in the community;
(u) To develop formal service delivery standards designed to measure the quality of services delivered to community clients, as well as the timeliness of services to community clients provided by regional mental health/retardation commissions and other community services providers;
(v) To establish regional state offices to provide mental health crisis intervention centers and services available throughout the state to be utilized on a case-by-case emergency basis. The regional services director, other staff and delivery systems shall meet the minimum standards of the Department of Mental Health;
(w) To require performance contracts with community mental health/mental retardation service providers to contain performance indicators to measure successful outcomes, including diversion of persons from inpatient psychiatric hospitals, rapid/timely response to emergency cases, client satisfaction with services and other relevant performance measures;
(x) To enter into interagency agreements with other state agencies, school districts and other local entities as determined necessary by the department to ensure that local mental health service entities are fulfilling their responsibilities to the overall state plan for behavioral services;
(y) To establish and maintain a toll-free grievance reporting telephone system for the receipt and referral for investigation of all complaints by clients of state and community mental health/retardation facilities;
(z) To establish a peer review/quality assurance evaluation system that assures that appropriate assessment, diagnosis and treatment is provided according to established professional criteria and guidelines;
(aa) To develop and implement state plans for the purpose of assisting with the care and treatment of persons with Alzheimer's disease and other dementia. This plan shall include education and training of service providers, care-givers in the home setting and others who deal with persons with Alzheimer's disease and other dementia, and development of adult day care, family respite care and counseling programs to assist families who maintain persons with Alzheimer's disease and other dementia in the home setting. No agency shall be required to provide any services under this section until such time as sufficient funds have been appropriated or otherwise made available by the Legislature specifically for the purposes of the treatment of persons with Alzheimer's and other dementia;
(bb) Working with the advice and consent of the administration of Ellisville State School, to enter into negotiations with the Economic Development Authority of Jones County for the purpose of negotiating the possible exchange, lease or sale of lands owned by Ellisville State School to the Economic Development Authority of Jones County. It is the intent of the Mississippi Legislature that such negotiations shall ensure that the financial interest of the persons with mental retardation served by Ellisville State School will be held paramount in the course of these negotiations. The Legislature also recognizes the importance of economic development to the citizens of the State of Mississippi and Jones County, and encourages fairness to the Economic Development Authority of Jones County. Any negotiations proposed which would result in the recommendation for exchange, lease or sale of lands owned by Ellisville State School must have the approval of the State Board of Mental Health. The State Board of Mental Health may and has the final authority as to whether or not these negotiations result in the exchange, lease or sale of the properties it currently holds in trust for citizens with mental retardation served at Ellisville State School.
If the State Board of Mental Health authorizes the sale of lands owned by Ellisville State School, as provided for under this paragraph (bb), the monies derived from the sale shall be placed into a special fund that is created in the State Treasury to be known as the "Ellisville State School Client's Trust Fund." The principal of the trust fund shall remain inviolate and shall never be expended. Any interest earned on the principal may be expended solely for the benefits of clients served at Ellisville State School. The State Treasurer shall invest the monies of the trust fund in any of the investments authorized for the Mississippi Prepaid Affordable College Tuition Program under Section 37-155-9, and those investments shall be subject to the limitations prescribed by Section 37-155-9. Unexpended amounts remaining in the trust fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the trust fund shall be deposited to the credit of the trust fund. The administration of Ellisville State School may use any interest earned on the principal of the trust fund, upon appropriation by the Legislature, as needed for services or facilities by the clients of Ellisville State School. Ellisville State School shall make known to the Legislature, through the Legislative Budget Committee and the respective Appropriations Committees of the House and Senate, its proposed use of interest earned on the principal of the trust fund for any fiscal year in which it proposes to make expenditures thereof. The State Treasurer shall provide Ellisville State School with an annual report on the Ellisville State School Client's Trust Fund to indicate the total monies in the trust fund, interest earned during the year, expenses paid from the trust fund and such other related information.
Nothing in this section shall be construed as applying to or affecting mental health/retardation services provided by hospitals as defined in Section 41-9-3(a), and/or their subsidiaries and divisions, which hospitals, subsidiaries and divisions are licensed and regulated by the Mississippi State Department of Health unless such hospitals, subsidiaries or divisions voluntarily request certification by the Mississippi State Department of Mental Health.
All new programs authorized under this section shall be subject to the availability of funds appropriated therefor by the Legislature;
(cc) Working with the advice and consent of the administration of Boswell Regional Center, to enter into negotiations with the Economic Development Authority of Simpson County for the purpose of negotiating the possible exchange, lease or sale of lands owned by Boswell Regional Center to the Economic Development Authority of Simpson County. It is the intent of the Mississippi Legislature that such negotiations shall ensure that the financial interest of the persons with mental retardation served by Boswell Regional Center will be held paramount in the course of these negotiations. The Legislature also recognizes the importance of economic development to the citizens of the State of Mississippi and Simpson County, and encourages fairness to the Economic Development Authority of Simpson County. Any negotiations proposed which would result in the recommendation for exchange, lease or sale of lands owned by Boswell Regional Center must have the approval of the State Board of Mental Health. The State Board of Mental Health may and has the final authority as to whether or not these negotiations result in the exchange, lease or sale of the properties it currently holds in trust for citizens with mental retardation served at Boswell Regional Center. In any such exchange, lease or sale of such lands owned by Boswell Regional Center, title to all minerals, oil and gas on such lands shall be reserved, together with the right of ingress and egress to remove same, whether such provisions be included in the terms of any such exchange, lease or sale or not.
If the State Board of Mental Health authorizes the sale of lands owned by Boswell Regional Center, as provided for under this paragraph (cc), the monies derived from the sale shall be placed into a special fund that is created in the State Treasury to be known as the "Boswell Regional Center Client's Trust Fund." The principal of the trust fund shall remain inviolate and shall never be expended. Any earnings on the principal may be expended solely for the benefits of clients served at Boswell Regional Center. The State Treasurer shall invest the monies of the trust fund in any of the investments authorized for the Mississippi Prepaid Affordable College Tuition Program under Section 37-155-9, and those investments shall be subject to the limitations prescribed by Section 37-155-9. Unexpended amounts remaining in the trust fund at the end of a fiscal year shall not lapse into the State General Fund, and any earnings on amounts in the trust fund shall be deposited to the credit of the trust fund. The administration of Boswell Regional Center may use any earnings on the principal of the trust fund, upon appropriation by the Legislature, as needed for services or facilities by the clients of Boswell Regional Center. Boswell Regional Center shall make known to the Legislature, through the Legislative Budget Committee and the respective Appropriations Committees of the House and Senate, its proposed use of the earnings on the principal of the trust fund for any fiscal year in which it proposes to make expenditures thereof. The State Treasurer shall provide Boswell Regional Center with an annual report on the Boswell Regional Center Client's Trust Fund to indicate the total monies in the trust fund, interest and other income earned during the year, expenses paid from the trust fund and such other related information.
Nothing in this section shall be construed as applying to or affecting mental health/retardation services provided by hospitals as defined in Section 41-9-3(a), and/or their subsidiaries and divisions, which hospitals, subsidiaries and divisions are licensed and regulated by the Mississippi State Department of Health unless such hospitals, subsidiaries or divisions voluntarily request certification by the Mississippi State Department of Mental Health.
All new programs authorized under this section shall be subject to the availability of funds appropriated therefor by the Legislature;
(dd) Notwithstanding any other section of the code, the Board of Mental Health shall be authorized to fingerprint and perform a criminal history record check on every employee or volunteer. Every employee and volunteer shall provide a valid current social security number and/or driver's license number which shall be furnished to conduct the criminal history record check. If no disqualifying record is identified at the state level, fingerprints shall be forwarded to the Federal Bureau of Investigation for a national criminal history record check;
(ee) The Department of Mental Health shall have the authority for the development of a consumer friendly single point of intake and referral system within its service areas for persons with mental illness, mental retardation, developmental disabilities or alcohol or substance abuse who need assistance identifying or accessing appropriate services. The department will develop and implement a comprehensive evaluation procedure ensuring that, where appropriate, the affected person or their parent or legal guardian will be involved in the assessment and planning process. The department, as the point of intake and as service provider, shall have the authority to determine the appropriate institutional, hospital or community care setting for persons who have been diagnosed with mental illness, mental retardation, developmental disabilities and/or alcohol or substance abuse, and may provide for the least restrictive placement if the treating professional believes such a setting is appropriate, if the person affected or their parent or legal guardian wants such services, and if the department can do so with a reasonable modification of the program without creating a fundamental alteration of the program. The least restrictive setting could be an institution, hospital or community setting, based upon the needs of the affected person or their parent or legal guardian;
(ff) To have the sole power and discretion to enter into, sign, execute and deliver long-term or multiyear leases of real and personal property to and from other state and federal agencies;
(gg) To establish and maintain a central office that will provide administrative support for all institutions and facilities under the control of the department to ensure that administrative support functions are not duplicated by said institutions and facilities.
SECTION 10. Section 41-4-21, Mississippi Code of 1972, is amended as follows:
41-4-21. For the operations of all facilities placed under the control of the department and for all of its operations, the board shall adopt a uniform system of reporting and accounting approved by the State Department of Audit, and shall prepare an annual report to the Legislature setting forth the disbursements of all monies appropriated and specifying the facilities and activities upon which funds were expended. The system shall be maintained and administered at a central location. It shall prepare annually, or cause to be prepared, a budget for its total operation for the ensuing fiscal period in the manner and form as required by the Legislative Budget Office.
SECTION 11. Any interest earned on the State Highway Fund maintained and administered by the Mississippi Department of Transportation shall be credited by the State Treasurer to the State General Fund. The special fund account included in this provision is as follows:
FUND FUND NAME
3941 DEPT TRANSPORTATION-SUPPORT
SECTION 12. Section 65-11-35, Mississippi Code of 1972, is amended as follows:
65-11-35. All monies that shall be appropriated for the purposes of Sections 65-11-1 through 65-11-37 shall be paid into the State Highway Fund, as shall all other monies that shall be paid for said purposes as a result of any other law, state or federal, and all monies which shall accrue from any other source for such purposes. All expenditures of state funds contemplated by the aforesaid sections shall be made from such fund, and such monies shall be paid out by the State Highway Commission, acting through its director, in the manner and method now provided by law. Any interest earned on the State Highway Fund shall be credited by the State Treasurer to the State General Fund.
SECTION 13. (1) There is 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 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 created in the State Treasury a revolving fund to be known as the Office of Administrative Services Fund. Any balance in the 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 14. 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 of Administrative Services (OAS) to provide financial, personnel, budgeting and managerial services to other state agencies without sufficient resources to provide such services.
SECTION 15. This act shall take effect and be in force from and after July 1, 2004; provided, however, that Section 1 of this act shall take effect and be in force from and after its passage.