House Bill 931

AN ACT TO DISSOLVE THE MISSISSIPPI PRISON INDUSTRIES CORPORATION; TO CREATE A DIVISION OF REENTRY AND PRISON INDUSTRY WITHIN THE DEPARTMENT OF CORRECTIONS; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO HIRE AN EXECUTIVE DIRECTOR WHO SHALL BE THE CHIEF ADMINISTRATIVE OFFICER FOR THE DIVISION; TO RECONSTITUTE THE MISSISSIPPI PRISON INDUSTRIES CORPORATION BOARD OF DIRECTORS AS AN ADVISORY BOARD TO THE DIVISION; TO AMEND SECTION 47-5-541, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FROM AND AFTER JULY 1, 2022, THE BOARD SHALL HAVE NO AUTHORITY TO ENTER INTO ANY CONTRACTS FOR THE SALE OF GOODS OR SERVICES AND THE BOARD SHALL INCUR NO DEBT AS OF THAT DATE; TO PROVIDE THAT BY OCTOBER 1, 2022, CERTAIN CONTRACTS SHALL BE SATISFIED BY THE BOARD; TO PROVIDE THAT ASSETS OF THE CORPORATION SHALL BE TRANSFERRED TO THE MISSISSIPPI DEPARTMENT OF CORRECTIONS ON DECEMBER 31, 2022, FOR USE IN THE DEPARTMENT'S REENTRY PROGRAMS; TO REPEAL SECTIONS 47-5-531 THROUGH 47-5-539 AND SECTIONS 47-5-543 THROUGH 47-5-575, MISSISSIPPI CODE OF 1972, WHICH PERTAIN TO THE MISSISSIPPI PRISON INDUSTRIES ACT OF 1990; AND FOR RELATED PURPOSES.

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

SECTION 1. There is hereby created a Division of Reentry and Prison Industry within the Department of Corrections. All assets and employees of the Mississippi Prison Industries Corporation as provided for in Chapter 47, Title 5, Mississippi Code of 1972, shall be transferred into the division.

SECTION 2. The Mississippi Prison Industries Corporation Board of Directors shall serve the Division of Reentry and Prison Industry in an advisory capacity regarding their nonadministrative duties and shall be appointed as provided for by Chapter 47, Title 5, Mississippi Code of 1972.

SECTION 3. The Mississippi Department of Corrections shall hire an executive director who will serve as the chief administrative officer for the Division of Reentry and Prison Industry and has the same qualifications and duties as provided by Chapter 47, Title 5, Mississippi Code of 1972.

SECTION 4. Anytime the terms "Mississippi Prison Industries", "Prison Industries", or "Mississippi Prison Industries Corporation" appears in law, they shall mean the Division of Reentry and Prison Industry.

SECTION 5. Section 47-5-541, Mississippi Code of 1972, is amended as follows:

47-5-541. (1) The corporation shall be governed by a board of directors. The board of directors of the nonprofit corporation shall be composed of the following eleven (11) members who shall be appointed by the Governor with the advice and consent of the Senate: one (1) representative of the manufacturing industry, one (1) representative of the agriculture industry, one (1) representative of the banking and finance industry, one (1) representative of the labor industry, one (1) representative from the marketing industry and six (6) members from the state at large. In addition, the State Commissioner of Corrections and the President of Mississippi Delta Community College shall be ex officio members of the board of directors with full voting privileges. In making initial appointments, three (3) members shall be appointed for a term of two (2) years; four (4) members shall be appointed for a term of three (3) years; and four (4) members shall be appointed for a term of four (4) years; to be designated by the Governor at the time of appointment; and all succeeding terms shall be for four (4) years from the expiration date of the previous term. Initial appointments shall be made within thirty (30) days after passage of Sections 47-5-531 through 47-5-575. Any vacancy shall be filled by the Governor, with the advice and consent of the Senate. The officers of the corporation shall consist of a chairman, vice chairman and a secretary-treasurer. The officers shall be selected by the members of the board. However, the Commissioner of Corrections and the President of Mississippi Delta Community College shall not be eligible to serve as an officer of the corporation.

(2) The board of directors shall select and employ a chief executive officer of the corporation who shall serve at the pleasure of the board. The board shall set the compensation of the chief executive officer. The chief executive officer shall be responsible for the general business and entire operations of the corporation, and shall be responsible for operating the corporation in compliance with the bylaws of the corporation and in compliance with any provision of law. The board shall be authorized and empowered to do only those acts provided by law and by the bylaws of the corporation. Except as otherwise specifically provided by law, such board shall have the authority to establish prison industries, to cease the operation of any industry which it deems unsuitable or unprofitable, to enter into any lease or contract for the corporation and it shall have the full authority to establish prices for any industry good.

(3) No member of the board of directors shall vote on any matter that comes before the board that could result in pecuniary benefit for himself or for any entity in which such member has an interest.

(4) In addition to the board of directors, an advisory board may be set up for the benefit of each industry which is established pursuant to the provisions of Sections 47-5-531 through 47-5-575. Such boards shall be advisory only, and may be set up in the discretion of the board of directors of the corporation.

(5) Each member of the board of directors of the corporation shall receive per diem as provided in Section 25-3-69 for each day or fraction thereof spent in actual discharge of his official duties and shall be reimbursed for mileage and actual expenses incurred in the performance of his official duties in accordance with the requirements of Section 25-3-41, Mississippi Code of 1972.

(6) The board of directors shall make and publish policies, rules and regulations governing all business functions, including but not limited to accounting, marketing, purchasing and personnel, not inconsistent with the terms of Sections 47-5-531 through 47-5-575, as may be necessary for the efficient administration and operation of the corporation.

(7) The chief executive officer of the corporation shall:

(a) Employ all necessary employees of the corporation and dismiss them as is necessary;

(b) Administer the daily operations of the corporation;

(d) Take any further actions which are necessary and proper toward the achievement of the corporation purposes.

(8) A member of the board of directors of the corporation shall not be liable for any civil damages for any personal injury or property damage caused to a person as a result of any acts or omissions committed in good faith in the exercise of their duties as members of the board of directors of the corporation, except where a member of the board engages in acts or omissions which are intentional, willful, wanton, reckless or grossly negligent.

(9) From and after July 1, 2022, the board of directors shall have no authority to enter into any contracts for the sale of goods or services, and shall incur no debt after this date. Any existing contracts for the sale of goods or services shall be satisfied or terminated by October 1, 2022. The board shall settle all debts of the corporation before December 31, 2022, and shall cease operations at that time. All assets of the corporation shall be transferred to the Mississippi Department of Corrections on December 31, 2022, for use in the Department of Corrections' reentry programs.

(10) This section shall stand repealed from and after January 1, 2023.

SECTION 6. Sections 47-5-531 through 47-5-539, and Sections 47-5-543 through 47-5-575, which pertain to the Mississippi Prison Industries Act of 1990, shall be repealed from and after January 1, 2023.

SECTION 7. This act shall take effect and be in force from and after July 1, 2022.