House Bill 235

AN ACT TO AUTHORIZE THE MISSISSIPPI GAMING COMMISSION TO MAKE CERTAIN EXPENDITURES FROM THE STATE GENERAL FUND WITHOUT AN APPROPRIATION BILL TO FUND ESSENTIAL OPERATIONS AND PERSONNEL OF THE COMMISSION IF THE LEGISLATURE DURING ANY REGULAR SESSION FAILS TO ENACT AN APPROPRIATION BILL TO FUND THE OPERATIONS OF THE COMMISSION FOR THE NEXT FISCAL YEAR; TO AMEND SECTIONS 75-76-15 AND 75-76-21, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISION; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) If the Legislature during any regular session fails to enact an appropriation bill that would fund the operations of the Mississippi Gaming Commission for the next fiscal year, then the executive director of the commission may make expenditures during the next fiscal year from monies in the State General Fund not otherwise appropriated to fund those operations and personnel of the commission that the executive director determines to be essential. Those expenditures may be made without the authority of an appropriation bill, but shall not exceed the amounts that were appropriated to the commission for the same purposes during the preceding fiscal year. In making those expenditures, the executive director shall otherwise comply with the provisions of budget laws and follow the normal budget procedures as if the expenditures were being made under the authority of an appropriation bill.

(2) The authority of the executive director under this section to make expenditures from the State General Fund without an appropriation bill shall cease after the Legislature has enacted an appropriation bill at any extraordinary or regular session to fund the operations of the commission for the fiscal year for which expenditures would be made under this section.

SECTION 2. Section 75-76-15, Mississippi Code of 1972, is amended as follows:

75-76-15. (1) * * * The position of Executive Director of the Mississippi Gaming Commission is * * * created. * * *

The Gaming Commission shall appoint the executive director, with the advice and consent of the Senate, and the executive director shall serve at the will and pleasure of the commission. * * *(2) No member of the Legislature, no person holding any elective office, nor any officer or official of any political party is eligible for the appointment of executive director.

(3) The executive director must have at least five (5) years of responsible administrative experience in public or business administration or possess broad management skills.

(4) The executive director shall devote his entire time and attention to his duties under this chapter and the business of the commission and shall not pursue any other business or occupation or hold any other office of profit.

(5) The executive director shall not be pecuniarily interested in any business or organization holding a gaming license under this chapter or doing business with any person or organization licensed under this chapter.

(6) The executive director is entitled to an annual salary in the amount specified by the commission, subject to the approval of the State Personnel Board, within the limits of legislative appropriations or authorizations or the expenditures authorized under Section 1 of this act.

SECTION 3. Section 75-76-21, Mississippi Code of 1972, is amended as follows:

75-76-21. (1) The executive director in pursuit of the attainment of the objectives and the purposes of this chapter may:

(a) Sue and be sued on behalf of the commission;

(b) Acquire real property in accordance with statutory procedure and make improvements thereon on behalf of the commission;

(c) Make, execute and effectuate any and all agreements or contracts, including contracts for the purchase of goods and services as are necessary;

(d) Employ the services of such persons as he considers necessary for the purposes of consultation or investigation and fix the salaries of or contract for the services of such legal, professional, technical and operational personnel and consultants, subject to applicable provisions of the State Personnel Board. For the purpose of implementing the provisions of this chapter, additional legal assistance may be retained only with the approval of the Attorney General;

(e) Acquire such furnishings, equipment, supplies, stationery, books, and all other things as he may deem necessary or desirable in carrying out his functions; and

(f) Perform such other duties which he may deem necessary to effectuate the purposes of this chapter.

(2) Except as otherwise provided in this chapter, all costs of administration incurred by the executive director and his employees shall be paid out on claims from the State Treasury in the same manner as other claims against the state are paid or in the manner authorized under Section 1 of this act.

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SECTION 4. This act shall take effect and be in force from and after its passage.