Bill Text: MS HB1190 | 2010 | Regular Session | Introduced
Bill Title: Trans. Commission and Department; authorize certain expenditures without appropriation bill, only to fund essential operations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [HB1190 Detail]
Download: Mississippi-2010-HB1190-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Transportation; Appropriations
By: Representative Woods
House Bill 1190
AN ACT TO AUTHORIZE THE MISSISSIPPI TRANSPORTATION COMMISSION AND THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION TO MAKE CERTAIN EXPENDITURES FROM THE HIGHWAY FUND WITHOUT AN APPROPRIATION BILL TO FUND EXISTING CONTRACTS AND ESSENTIAL OPERATIONS AND PERSONNEL OF THE COMMISSION AND THE DEPARTMENT 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 SECTION 65-1-9, 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 Transportation Commission or the Mississippi Department of Transportation for the next fiscal year, then the executive director of the department may make expenditures during the next fiscal year from monies in the Highway Fund not otherwise appropriated to fund those existing contracts and operations and personnel of the commission and the department 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 and the department 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 commission may enter into and fund new contracts under the authority of subsection (1) of this section if the contract is necessary for the department to perform its essential operations or if it is necessary to avoid the loss or forfeiture of federal funds.
(3) The authority of the executive director under this section to make expenditures from the Highway 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 65-1-9, Mississippi Code of 1972, is amended as follows:
65-1-9. The commission shall appoint an Executive Director of the Mississippi Department of Transportation for a term of office beginning on April 1, 1993. The person serving as Executive Director of the State Highway Department on June 30, 1992, shall serve until April 1, 1993, as the Executive Director of the Mississippi Department of Transportation, and thereafter shall be eligible for reappointment to the position of Executive Director of the Mississippi Department of Transportation. Succeeding terms shall expire on April 1 each four (4) years thereafter. The executive director may be removed by a majority of the commission pursuant to Section 25-9-101 et seq., Mississippi Code of 1972. All appointments by the commission shall be with the advice and consent of the Senate. The commission shall submit its appointment to the Senate not later than March 1 of the year in which a term expires, and if such submission is not made by March 1, the incumbent director shall be deemed to have been reappointed for a four-year term. In the event a vacancy occurs from resignation, death or removal from office by the commission, the commission shall submit its appointment for the unexpired term to the Senate not later than the next March 1 after such vacancy occurs. If no appointment for an unexpired term is submitted to the Senate, the Governor shall make such appointment not later than April 1 of such year. The commission shall fix the compensation of the executive director, subject to approval by the State Personnel Board, within the limits of legislative appropriations or authorizations or the expenditures authorized under Section 1 of this act. The executive director shall be eligible for reappointment. The executive director shall have the following qualifications:
(a) Possess a wide knowledge of the transportation system and needs of Mississippi;
(b) Possess a wide knowledge of the principles of transportation organization and administration; and
(c) Possess selected training or expertise in the field of transportation.
No person who is a member of the Mississippi Transportation Commission, or who has been a member of the transportation commission or of its predecessor, the State Highway Commission, within two (2) years next preceding his appointment, shall be eligible to be chosen as executive director of the department. The executive director shall be the executive officer of the commission and shall be subject to its orders and directions. The executive director shall give his entire time to the duties of his office. Before entering upon the duties of his office, the executive director shall give bond to the State of Mississippi in the sum of Fifty Thousand Dollars ($50,000.00), conditioned upon the faithful discharge and performance of his official duty. The principal and surety on such bond shall be liable thereunder to the state for double the amount of value of any money or property which the state may lose, if any, by reason of any wrongful or criminal act of the executive director. Such bond, when approved by the commission, shall be filed with the Secretary of State, and the premium thereon shall be paid from any funds available to the commission.
SECTION 3. This act shall take effect and be in force from and after its passage.
