House Bill 831

AN ACT TO CREATE THE MISSISSIPPI FINES ACCOUNTABILITY AND TRANSPARENCY TASK FORCE; TO DESCRIBE THE PURPOSE OF SUCH TASK FORCE; TO LIST THE MEMBERS OF THE TASK FORCE; TO PROVIDE THE DUTIES AND RESPONSIBILITIES OF THE TASK FORCE; TO PROVIDE A DISSOLUTION DATE FOR THE TASK FORCE; TO AUTHORIZE THE DEPARTMENT OF AUDIT TO AUDIT THE MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY AND THE MISSISSIPPI PUBLIC SERVICE COMMISSION EACH YEAR TO ENSURE EACH AGENCY IS IN COMPLIANCE WITH THE RECOMMENDATIONS OF THE TASK FORCE; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) There is created the Mississippi Fines Accountability and Transparency Task Force. The purpose of the task force is to review the amount of fines collected annually by the Mississippi Department of Environmental Quality and the Mississippi Public Service Commission, to determine how the Mississippi Department of Environmental Quality and the Mississippi Public Service Commission expends those fines annually, and to make recommendations on how the Mississippi Department of Environmental Quality and the Mississippi Public Service Commission shall expend those fines each year to ensure a proper mechanism for transparency between the Mississippi Department of Environmental Quality and the Mississippi Public Service Commission and the citizens of Mississippi.

(2) The Mississippi Fines Accountability and Transparency Task Force shall be composed of the following eleven (11) members:

(a) The Chairman of the House of Representatives Select Committee on Accountability, Efficiency and Transparency, or his or her designee;

(b) The Chairman of the Senate Committee on Accountability, Efficiency and Transparency, or his or her designee;

(d) The Chairman of the House of Representatives Committee on Fees and Salaries of Public Officers, or his or her designee;

(e) The Chairman of the House of Representatives Committee on Appropriations, or his or her designee;

(f) The Chairman of the Senate Committee on Appropriations, or his or her designee;

(g) One (1) individual from the Joint Committee on Performance Evaluation and Expenditure Review, or his or her designee;

(h) One (1) individual from the Mississippi Office of the State Auditor, or his or her designee;

(i) One (1) nonlegislative individual appointed by the Speaker of the House of Representatives, or his or her designee;

(j) One (1) nonlegislative individual appointed by the Secretary of State, or his or her designee; and

(k) One (1) nonlegislative individual appointed by the Lieutenant Governor, or his or her designee.

(3) The Mississippi Fines Accountability and Transparency Task Force shall have the following duties:

(a) To establish a mechanism that will provide transparency regarding the expenditures of the Mississippi Department of Environmental Quality and the Mississippi Public Service Commission to the citizens of Mississippi;

(b) To determine the amount of fines collected annually by the Mississippi Department of Environmental Quality and the Mississippi Public Service Commission and the reasons the fines were collected by each agency;

(d) To require testimony from any agency as it deems appropriate;

(e) To appoint such subcommittees as it finds proper;

(f) To study proposed legislation regarding the fines collected by the Mississippi Department of Environmental Quality and the Mississippi Public Service Commission;

(g) To make recommendations based on its findings on how to expend the fines collected by the Mississippi Department of Environmental Quality and the Mississippi Public Service Commission; and

(h) To submit the report from its findings in paragraph (g) of this subsection (2) to the Legislature and the Governor not later than December 31, 2015.

In making such recommendations, the Mississippi Fines Accountability and Transparency Task Force may seek input from all branches of state and local government, governmental agencies, businesses and nonprofit organizations throughout this state as is necessary for proper review. After submitting the report required in this paragraph (h), the Mississippi Fines Accountability and Transparency Task Force shall be dissolved.

(4) At its first meeting, the task force shall elect a chairman and vice chairman from its membership and adopt rules for transacting its business and keeping records.

(5) After dissolution of the Mississippi Fines Accountability and Transparency Task Force, the Department of Audit shall annually audit the Mississippi Department of Environmental Quality and the Mississippi Public Service Commission and require each agency to submit an annual report of its expenditure of fines to the Department of Audit. In reviewing the annual report, the Department of Audit shall ensure that each agency is in compliance with any and all recommendations from the Mississippi Fines Accountability and Transparency Task Force.

(6) Notwithstanding any provisions of the laws of the State of Mississippi to the contrary, the Mississippi Department of Environmental Quality and the Mississippi Public Service Commission shall be required to cooperate with the Mississippi Fines Accountability and Transparency Task Force.

SECTION 2. This act shall take effect and be in force from and after its passage.