House Bill 1192

AN ACT TO REQUIRE THAT IF A STATE AGENCY, DEPARTMENT, INSTITUTION OR POLITICAL SUBDIVISION IS NOT IN COMPLIANCE WITH THE REQUIREMENTS OF ANY STATE LAWS THAT ARE APPLICABLE TO THAT PUBLIC BODY, THE SECRETARY OF STATE SHALL NOTIFY THE PUBLIC BODY OF THE NONCOMPLIANCE, AND THE STATE FISCAL OFFICER SHALL WITHHOLD THE PAYMENT OF ALL STATE FUNDS TO THE PUBLIC BODY UNTIL SUCH TIME AS THE PUBLIC BODY IS IN COMPLIANCE WITH THOSE STATE LAWS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) If the Secretary of State receives notification or otherwise has knowledge that an agency, department, institution or political subdivision of the state ("public body") is not in compliance with the requirements of any state law that is applicable to the public body, the Secretary of State shall notify the public body in writing that:

(a) He has information indicating that the public body is not in compliance with one or more state laws, specifying the requirements of the particular law or laws involved;

(b) The public body has thirty (30) days to show to the satisfaction of the Secretary of State that the public body is in compliance with the state laws specified by the Secretary of State, or that those laws do not apply to the public body; and

(c) If the public body does not meet the requirements of paragraph (b) of this subsection, the Secretary of State will notify the State Fiscal Officer of the public body's noncompliance with the state laws specified by the Secretary of State, and the State Fiscal Officer will withhold the payment of all state funds from the State Treasury to the public body until such time as the public body is in compliance with those state laws.

(2) The State Fiscal Officer, upon receipt of notification from the Secretary of State under subsection (1) of this section that a public body is not in compliance with state laws specified by the Secretary of State, shall withhold the payment of all state funds from the State Treasury to the public body until such time as the public body is in compliance with those state laws, as determined by the Secretary of State.

SECTION 2. This act shall take effect and be in force from and after July 1, 2012.