Bill Text: MS SB2659 | 2024 | Regular Session | Introduced
Bill Title: Mississippi Parks Corporation; create.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-03-12 - Died In Committee [SB2659 Detail]
Download: Mississippi-2024-SB2659-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Wildlife, Fisheries and Parks
By: Senator(s) Bryan
Senate Bill 2659
AN ACT TO CREATE NEW SECTION 55-3-150, MISSISSIPPI CODE OF 1972, TO EXPRESS THE FINDINGS AND INTENT OF THE LEGISLATURE REGARDING THE ADVISABILITY OF CREATING THE MISSISSIPPI PARKS CORPORATION; TO CREATE NEW SECTION 55-3-152, MISSISSIPPI CODE OF 1972, TO CREATE THE MISSISSIPPI PARKS CORPORATION; TO CREATE NEW SECTION 55-3-154, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ESTABLISHMENT OF THE CORPORATION'S BOARD OF DIRECTORS; TO PROVIDE THAT BOARD MEETINGS SHALL BE SUBJECT TO THE OPEN MEETINGS ACT; TO CREATE NEW SECTION 55-3-156, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE APPOINTMENT OF THE CORPORATION'S PRESIDENT BY THE BOARD, SUBJECT TO THE APPROVAL OF THE GOVERNOR; TO CREATE NEW SECTION 55-3-158, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CORPORATION'S RECORDS SHALL BE SUBJECT TO THE PUBLIC RECORDS ACT, UNLESS EXEMPT UNDER FEDERAL OR STATE LAW; TO CREATE NEW SECTION 55-3-160, MISSISSIPPI CODE OF 1972, TO DESCRIBE THE BOARD'S POWERS AND DUTIES; TO CREATE NEW SECTION 55-3-162, MISSISSIPPI CODE OF 1972, TO DESCRIBE THE CORPORATION'S POWERS AND DUTIES; TO CREATE NEW SECTION 55-3-164, MISSISSIPPI CODE OF 1972, TO DESCRIBE THE PRESIDENT'S POWERS AND DUTIES; TO CREATE NEW SECTION 55-3-166, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO HIRE AN ATTORNEY OR CONTRACT WITH OUTSIDE COUNSEL; TO CREATE NEW SECTION 55-3-168, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CORPORATION SHALL ESTABLISH AND MAINTAIN A PERSONNEL PROGRAM, INCLUDING ADMINISTRATIVE RULES AND REGULATIONS FOR ITS EMPLOYEES; TO PROVIDE THAT CORPORATION EMPLOYEES SHALL BE CONSIDERED STATE EMPLOYEES FOR PURPOSES OF RETIREMENT AND OTHER BENEFITS BUT SHALL NOT BE SUBJECT TO THE STATE PERSONNEL BOARD; TO PROVIDE CERTAIN CONDITIONS AND STANDARDS OF EMPLOYMENT FOR CORPORATION OFFICERS AND EMPLOYEES AND OF SERVICE FOR BOARD MEMBERS; TO CREATE NEW SECTION 55-3-170, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ALL DIVISION HEADS, OFFICERS AND EMPLOYEES OF THE CORPORATION SHALL BE CONSIDERED PUBLIC SERVANTS, AND ALL DIVISION HEADS AND OFFICERS SHALL BE REQUIRED TO FILE A STATEMENT OF ECONOMIC INTEREST WITH THE MISSISSIPPI ETHICS COMMISSION; TO CREATE NEW SECTION 55-3-172, MISSISSIPPI CODE OF 1972, TO PROVIDE REPORTING AND AUDITING REQUIREMENTS FOR THE CORPORATION; TO CREATE NEW SECTION 55-3-174, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CORPORATION SHALL SUBMIT TO THE JOINT LEGISLATIVE BUDGET COMMITTEE A COPY OF THE CORPORATION'S ANNUAL OPERATING BUDGET FOR THE UPCOMING FISCAL YEAR; TO AMEND SECTIONS 49-1-1, 49-1-3, 49-1-4, 49-4-1, 49-4-3, 49-4-4, 49-4-8, 49-4-9, 49-4-13, 55-3-2, 55-3-31 AND 55-3-41, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 55-3-150, Mississippi Code of 1972:
55-3-150. The Legislature recognizes that the operation of state parks is a unique activity for state government and that a corporate structure will best enable state parks to be operated in an entrepreneurial and business-like manner. It is the intent of the Legislature that the Mississippi Parks Corporation shall be accountable to the Governor, the Legislature and the people of the state through a system of audits, reports and disclosures as required by this chapter.
SECTION 2. The following shall be codified as Section 55-3-152, Mississippi Code of 1972:
55-3-152. (1) The Mississippi state park system shall be administered by a corporation which shall be known as the "Mississippi Parks Corporation." The corporation shall be managed in a manner that enables the people of the state to benefit from its profits and to ensure the integrity of the state park system.
(2) The existence of the corporation, which shall be domiciled in the State of Mississippi, shall begin upon the appointment of all five (5) members of the board as provided in Section 55-3-154.
(3) The exclusive venue for any action or matter against the corporation arising out of or in connection with the operation of state parks is the county in which its corporate headquarters is located, and the circuit court for that county has exclusive jurisdiction thereof. For purposes of court costs, the corporation shall be a private corporation.
SECTION 3. The following shall be codified as Section 55-3-154, Mississippi Code of 1972:
55-3-154. (1) The affairs of the corporation shall be administered by the board, which shall be composed of five (5) members appointed by the Governor, with the advice and consent of the Senate. The Commissioner of Revenue and the State Treasurer shall serve as ex officio, nonvoting members. Members appointed when the Senate is not in session shall serve only until the end of the next regular session, unless confirmed by the Senate.
(2) (a) Members of the board shall be residents of the State of Mississippi, and the Governor shall take into account the goals of geographic, racial, gender and other categories of diversity when nominating board members.
(b) Of the initial appointees, the members' terms shall be staggered as follows: one (1) term to expire on December 31, 2025; December 31, 2026; December 31, 2027; December 31, 2028; and December 31, 2029. After the expiration of the initial terms, members of the board shall serve terms of five (5) years.
(c) Members may serve beyond the end of their respective terms until their successors have been appointed and qualified. No member shall serve more than two (2) consecutive five-year terms. Members may be removed by the Governor for neglect of duty, misfeasance or nonfeasance in office. The board shall annually elect a chairman from among its voting members.
(3) Appointed board members shall be entitled to per diem compensation under Section 25-3-69 paid by the corporation and shall be reimbursed by the corporation for necessary travel and other reasonable expenses incurred in the performance of their official duties. No appointed board member shall be considered a public officer.
(4) The board, upon the initial call of the Governor and the chairman thereafter, shall meet at least monthly for the first eighteen (18) months and at such other times as the chairman may determine. Three (3) voting members of the board shall constitute a quorum. The board shall also meet upon call of three (3) or more of the voting members of the board. The board shall keep accurate and complete records of all its meetings.
(5) All meetings of the board shall be subject to the Open Meetings Act in Section 25-41-1 et seq.
SECTION 4. The following shall be codified as Section 55-3-156, Mississippi Code of 1972:
55-3-156. (1) The president of the corporation shall be appointed by the board subject to the approval of the Governor. The Governor shall, within thirty (30) days after receiving the nomination for the president in writing, either approve or reject the nomination. Failure to take either action within the required time shall constitute approval by the Governor. If the Governor rejects the nomination for the president, then the board shall submit a different nominee to the Governor. The president shall manage the daily affairs of the corporation and shall have such powers and duties as specified by this chapter, the board and any board rules or regulations. The president shall not be a member of the board. The president shall serve at the will and pleasure of the board.
(2) The president shall employ such personnel as he or she deems necessary. All personnel shall serve at the will and pleasure of the president, unless otherwise specified by the president.
(3) The board shall set the salary of the president.
(4) No employee shall be a member of the board.
SECTION 5. The following shall be codified as Section 55-3-158, Mississippi Code of 1972:
55-3-158. All records of the corporation shall be deemed public records and subject to public inspection as provided by Section 25-61-1 et seq., unless the record is covered by an exemption under federal or state law.
SECTION 6. The following shall be codified as Section 55-3-160, Mississippi Code of 1972:
55-3-160. (1) The board shall provide the president with private-sector perspectives on the operation of a business, large marketing enterprise, and the like. The board shall:
(a) Approve, disapprove, amend or modify the budget recommended by the president for the operation of the corporation;
(b) Approve, disapprove, amend or modify the terms of major procurements recommended by the president;
(c) Serve as a board of appeals for any denial, revocation or cancellation by the president of a contract; and
(d) Adopt such administrative rules and regulations as may be necessary to carry out and implement its powers and duties, the operations of the corporation and any other matters necessary or desirable for the efficient and effective operation of state parks.
(2) Any policies adopted by authority of this section or any other section of this chapter or Chapter 1 or 4 of Title 49, Mississippi Code of 1972, must be published and posted on the corporation's website thirty (30) days prior to becoming effective.
SECTION 7. The following shall be codified as Section 55-3-162, Mississippi Code of 1972:
55-3-162. (1) The corporation, its employees and board members shall provide for the efficient and effective operation of state parks to ensure the integrity of the state park system and maintain the dignity of the state and the general welfare of its citizens. The corporation shall operate state parks in such a manner as to result in maximization of revenues to the state, and the corporation shall deposit such revenues into the Mississippi Park Fund created in Section 55-3-41.
(2) The corporation, in pursuing the objectives and purposes of this chapter, may:
(a) Sue and be sued in its corporate name;
(b) Adopt a corporate seal and a symbol;
(c) Hold patents, copyrights, trademarks, and service marks and enforce its rights with respect thereto;
(d) Register to do business in Mississippi and appoint agents upon whom process may be served;
(e) Acquire real property and make improvements thereon;
(f) Make, solicit and request proposals and offers, and execute and effectuate any and all agreements or contracts necessary for the successful operation of state parks; and
(g) Adopt and amend such bylaws, rules and regulations, with the approval of the board, as it deems necessary to administer this chapter.
(3) The corporation shall:
(a) Operate state parks in accordance with this chapter and the board's rules and regulations;
(b) Submit quarterly and annual reports to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the State Treasurer, the State Auditor, the Joint Legislative Committee on Performance Evaluation and Expenditure Review, and the Commissioner of Revenue containing financial information and projections which include, but are not limited to, disclosure of gross revenues, expenses and net proceeds for the period, and containing any recommended changes to the law to improve the efficiency and effectiveness of state park operations;
(c) Adopt by administrative rules and regulations a system of continuous internal audits;
(d) Adopt by administrative rules and regulations a code of ethics for officers and employees of the corporation to carry out the standards of conduct established by this chapter; and
(e) Adopt by administrative rules and regulations guidelines for the disposal of property if the corporation is dissolved.
SECTION 8. The following shall be codified as Section 55-3-164, Mississippi Code of 1972:
55-3-164. (1) The president shall direct and supervise all administrative and technical activities in accordance with the provisions of this chapter and within the board's rules and regulations. The president shall:
(a) Supervise and administer the operation of state parks;
(b) Employ and direct such personnel as may be necessary to carry out the purposes of this chapter and utilize such services, personnel or facilities of the corporation as he or she may deem necessary;
(c) Contract in accordance with the corporation's rules and regulations;
(d) Make available for inspection by the board or any board member, upon request, all books, records, files and other information and documents of his or her office, and advise the board and recommend such rules and regulations and other matters deemed necessary and advisable to improve the operation of state parks;
(e) Enter into any contract under this chapter with any person for the operation of state parks or the performance of any of the functions provided in this chapter or the board's rules and regulations;
(f) Attend board meetings or appoint a designee to attend on his or her behalf;
(g) Not later than thirty (30) days before the beginning of the corporation's fiscal year, submit to the board, for review and approval, the corporation's proposed annual budget and projected net proceeds. In addition, the corporation's proposed annual budget shall include a personnel table reporting information for each full-time and part-time permanent position, as follows:
(i) The position title and the salary for each position in the existing operating budget for the current fiscal year, indicating whether each position is filled or vacant as of the reporting date; and
(ii) The position title and the salary recommended for each position for the next fiscal year.
(2) The president, with the board's approval, may amend or modify the budget at any time in any manner deemed necessary for the proper operation of the corporation.
(3) Following his or her approval by the Governor and during his or her entire employment by the board, the president shall reside in Mississippi.
(4) The president and the board shall conduct an ongoing examination of the operation of state parks in other states and countries, including reviewing available literature on the subject of federal laws and regulations which may affect the operation of state parks, and of the reaction of citizens of this state to existing or proposed features of state parks, with a view toward implementing improvements that will tend to serve the purposes of this chapter.
(5) The president shall require bond from corporate employees with access to corporate funds in such an amount as provided in the board's rules and regulations.
(6) The president may:
(a) Require bond from other employees as he or she deems necessary;
(b) For good cause, suspend, revoke or refuse to renew any contract entered into in accordance with this chapter or the board's rules and regulations;
(c) Upon specific or general approval of the board, conduct hearings and administer oaths to persons for the purpose of assuring the integrity of state park operation, or to determine the qualifications or compliance of agents;
(d) Upon specific or general approval of the board, enter into personal service contracts pursuant to the board's rules and regulations, and compensate such consultants and technical assistants as may be required to carry out the provisions of this chapter; and
(e) By agreement, secure information and services as he or she may deem necessary from any department, agency or unit of the federal, state or local government, and to the extent allowed by federal or state law, compensate such department, agency or unit of government for its information and services.
(7) Agencies, departments or units of state government shall cooperate with the corporation to assure the integrity of state park operations.
SECTION 9. The following shall be codified as Section 55-3-166, Mississippi Code of 1972:
55-3-166. The board may employ an attorney and/or contract with outside counsel upon determination of the need for such counsel.
SECTION 10. The following shall be codified as Section 55-3-168, Mississippi Code of 1972:
55-3-168. (1) The corporation shall establish and maintain a personnel program, including administrative rules and regulations for its employees. Unless otherwise specified by the president, corporation employees shall serve at the will and pleasure of the president, who shall determine their compensation and benefits. Employees shall be subject to suspension, dismissal, reduction in pay, demotion, transfer or other personnel action at the president's discretion. The compensation of officers at the division head level and above shall be determined by the board. Corporation employees shall be considered state employees for purposes of retirement and other benefits but shall not be subject to the State Personnel Board under Title 25, Chapter 9, Mississippi Code of 1972.
(2) No board member, officer or employee of the corporation or any spouse, sibling, ascendant or descendant of a board member, officer or employee shall have a financial interest in any entity doing business or proposing to do business with the corporation.
(3) No board member, officer or employee of the corporation with decision-making authority shall participate in any decision in which the board member, officer or employee or any spouse, sibling, ascendant or descendant of such board member, officer or employee has a financial interest.
(4) No corporation officer or employee who leaves the employ of the corporation, nor any board member, may represent any entity before the corporation for a period of one (1) year following termination of employment with the corporation or membership on the board.
SECTION 11. The following shall be codified as Section 55-3-170, Mississippi Code of 1972:
55-3-170. All division heads, officers and employees of the corporation shall be considered public servants as defined in Section 25-4-103. All division heads and officers of the corporation are subject to Section 25-4-25 and shall be required to file a Statement of Economic Interest with the Mississippi Ethics Commission.
SECTION 12. The following shall be codified as Section 55-3-172, Mississippi Code of 1972:
55-3-172. To ensure the financial integrity of state park operations, the corporation, through its board, shall:
(a) Compile and submit quarterly and annual reports and financial statements, in compliance with Section 55-3-164(3)(b);
(b) Contract with an independent auditor who is a certified public accountant or firm to conduct an annual financial audit of the corporation's books and records. The cost of this annual financial audit shall be an operating expense of the corporation. Further:
(i) Such independent auditor shall have no financial interest in any entity with whom the corporation is under contract;
(ii) All contracts for independent auditors shall be reviewed by and subject to the approval of the Department of Finance and Administration to ensure that the independent auditor is qualified to perform the audit;
(iii) The audit shall be completed within ninety (90) days after the close of the corporation's fiscal year; and
(iv) Contracts may be entered into for audit services for a period not to exceed five (5) years, and the same firm shall not receive two (2) consecutive audit contracts.
SECTION 13. The following shall be codified as Section 55-3-174, Mississippi Code of 1972:
55-3-174. For informational purposes only, the corporation shall submit to the Joint Legislative Budget Committee a copy of the corporation's annual operating budget for the upcoming fiscal year. The budget shall include an estimate of net proceeds during the succeeding fiscal year.
SECTION 14. Section 49-1-1, Mississippi Code of 1972, is amended as follows:
49-1-1. (1) Wherever used in this chapter, or in any other statute, or rule or regulation affecting the former State Game and Fish Commission and any of its functions or duties:
(a) "Commission" means the Mississippi Commission on Wildlife, Fisheries and Parks.
(b) "Department" means the Mississippi Department of Wildlife, Fisheries and Parks.
(c) "Director" or "executive director" means the Executive Director of the Mississippi Department of Wildlife, Fisheries and Parks.
(d) * * * "Corporation" means the Mississippi Parks Corporation
created in Sections 55-3-152 and 55-3-154. Any reference in the laws to
the Department of Wildlife, Fisheries and Parks or the Commission on Wildlife, Fisheries
and Parks relating to state parks shall mean the corporation.
(e) "President" means the President of the Mississippi Parks Corporation, who shall also serve as chief executive officer of the corporation. Any reference in the laws to the Executive Director of the Department of Wildlife, Fisheries and Parks relating to state parks shall mean the president.
(f) "Board" means the Mississippi Parks Corporation Board of Directors.
(2) If any provisions of this chapter conflict with any provisions of Sections 55-3-150 through 55-3-174, then Sections 55-3-150 through 55-3-174 shall govern.
SECTION 15. Section 49-1-3, Mississippi Code of 1972, is amended as follows:
49-1-3. The commission * * * shall be the
Mississippi Commission on Wildlife Conservation and shall retain all powers and
duties granted by law to the Mississippi Commission on Wildlife Conservation,
and wherever the term "Mississippi Commission on Wildlife
Conservation" appears in any law the same shall mean the commission * * *. The executive
director * * * may assign to the appropriate
divisions such powers and duties as it deems appropriate to carry out the
lawful duties of the department, and expend funds as lawfully appropriated. However,
the corporation shall have jurisdiction over the operation of state parks, and any
reference to the commission, the department or the executive director with respect
to the operation of state parks shall mean the corporation.
SECTION 16. Section 49-1-4, Mississippi Code of 1972, is amended as follows:
49-1-4. The department * * * shall be the
Department of Wildlife Conservation and shall retain all powers and duties
granted by law to the Department of Wildlife Conservation, and wherever the
term "Department of Wildlife Conservation" appears in any law the
same shall mean the department * * *. The
executive director may assign to the appropriate divisions such powers and
duties as deemed appropriate to carry out the lawful functions of the department.
However, the corporation shall have jurisdiction over
the operation of state parks, and any reference to the commission, the department
or the executive director with respect to the operation of state parks shall mean
the corporation.
SECTION 17. Section 49-4-1, Mississippi Code of 1972, is amended as follows:
49-4-1. It is hereby declared to be the intent
of the Legislature to conserve, manage, develop and protect our natural
resources and wildlife for the benefit of this and succeeding generations by
reorganizing the natural resource and wildlife conservation functions of state
government into the * * * Department of Environmental Quality and the * * * Department of Wildlife, Fisheries
and Parks thereby providing more effective organizations through which the
methods of conserving, managing, developing and protecting our natural
resources and wildlife can be analyzed, coordinated and implemented. However,
the corporation shall have jurisdiction over the operation of state parks, and
any reference to the commission, the department or the executive director with
respect to the operation of state parks shall mean the corporation.
SECTION 18. Section 49-4-3, Mississippi Code of 1972, is amended as follows:
49-4-3. (1) For the purposes of this chapter, the following words shall have the meanings ascribed herein, unless the context otherwise requires:
(a) "Department" means the Mississippi Department of Wildlife, Fisheries and Parks.
(b) "Commission" means the Mississippi Commission on Wildlife, Fisheries and Parks.
(c) "Executive director" means the chief officer of the department.
(d) "Corporation" means the Mississippi Parks Corporation created in Sections 55-3-152 and 55-3-154. Any reference in the laws to the Department of Wildlife, Fisheries and Parks or the Commission on Wildlife, Fisheries and Parks relating to state parks shall mean the corporation.
(e) "President" means the President of the Mississippi Parks Corporation, who shall also serve as chief executive officer of the corporation. Any reference in the laws to the Executive Director of the Department of Wildlife, Fisheries and Parks relating to state parks shall mean the president.
(f) "Board" means the Mississippi Parks Corporation Board of Directors.
(2) If any provisions of this chapter conflict with any provisions of Sections 55-3-150 through 55-3-174, then Sections 55-3-150 through 55-3-174 shall govern.
SECTION 19. Section 49-4-4, Mississippi Code of 1972, is amended as follows:
49-4-4. (1) There is hereby
created the * * * commission * * *, to be
composed of five (5) persons appointed by the Governor, with the advice and
consent of the Senate, for a term of five (5) years. One (1) person shall be
appointed from each congressional district. The initial terms of the members
shall be one (1), two (2), three (3), four (4) and five (5) years,
respectively. Thereafter, all terms shall be for five (5) years. An
appointment to fill a vacancy which arises for reasons other than by expiration
of a term of office shall be made from the respective congressional district
for the unexpired term only.
(2) The commission shall elect from its membership a chairman who shall preside over meetings and a vice chairman who shall preside in the absence of the chairman or when the chairman shall be excused.
(3) The commission shall adopt rules and regulations governing times and places for meetings and governing the manner of conducting its business. Each member of the commission shall take the oath prescribed by Section 268 of the Mississippi Constitution, and shall enter into bond in the amount of Thirty Thousand Dollars ($30,000.00) to be approved by the Secretary of State, conditioned according to law, and payable to the State of Mississippi before assuming the duties of office. Any member who shall not attend three (3) consecutive regular meetings of the commission shall be subject to removal by a majority vote of the commission members.
(4) The members of the commission shall receive no annual salary but shall receive per diem compensation as authorized by law for each day devoted to the discharge of official duties and shall be entitled to reimbursement for all actual and necessary expenses incurred in the discharge of their duties, including mileage as authorized by law.
The commission shall be composed of persons with a demonstrated history of involvement in at least one (1) of the matters of jurisdiction of the commission and whose employment and activities are not in conflict. All of the commissioners shall be an active outdoorsman holding a resident hunting or fishing license in at least five (5) of the ten (10) years preceding appointment. A member shall not have a record of conviction of violation of fish or game laws and regulations within five (5) years preceding appointment or a record of any felony conviction.
(5) The commission shall have the power to adopt, amend and repeal such regulations and rules as may be necessary for the operation of the department.
(6) The commission shall have the power and authority to issue all licenses and permits under the jurisdiction of the department.
(7) In the furtherance of its duties and responsibilities, the commission may conduct hearings, gather testimony and perform other functions required to carry out its powers and duties as prescribed by statute.
(8) The commission shall have all power for conserving, managing and developing wildlife and fishery resources except for saltwater aquatic life and marine resources under the jurisdiction of the Mississippi Commission on Marine Resources. The commission shall not have jurisdiction over state parks, which shall be operated by the corporation.
SECTION 20. Section 49-4-8, Mississippi Code of 1972, is amended as follows:
49-4-8. (1) The department * * * shall have
the following powers and duties:
(a) To conserve,
manage, develop and protect the wildlife of the State of Mississippi * * *; and
* * *
( * * *b) To cooperate with other entities
and agencies in developing and implementing such plans as necessary for the
conservation, protection, beautification and improvement of the quality of the
environment and living natural resources.
(2) Effective July 1, 2024, the full jurisdiction and control over state parks formerly given to the department is transferred to the corporation.
SECTION 21. Section 49-4-9, Mississippi Code of 1972, is amended as follows:
49-4-9. Effective July 1,
1979, the department * * * shall have the following powers and
duties:
(a) To formulate the policy of the department regarding wildlife and fisheries within the jurisdiction of the department;
(b) To apply for, receive and expend any federal or state funds or contributions, gifts, devises, bequests or funds from any other source;
(c) To commission or conduct studies designed to determine alternative methods of managing and conserving the wildlife and fisheries resources of this state in a manner to insure efficiency and sustained productivity;
(d) To receive the
advice and counsel of the advisory * * * committee created for * * * the
Division of Wildlife and Fisheries; and
(e) To discharge such other duties, responsibilities and powers as are necessary to implement the provisions of this chapter.
SECTION 22. Section 49-4-13, Mississippi Code of 1972, is amended as follows:
49-4-13. (1) Effective
July 1, 1979, the executive director * * *
shall have the following powers and duties:
(a) To supervise and direct all administrative and technical activities of the department;
(b) To employ, subject to the approval of the commission, qualified professional personnel in the subject matter or fields, and such other technical and clerical staff as may be required for the operation of the department;
(c) To coordinate all
studies in the State of Mississippi concerned with the supply, development, use
and conservation of wildlife * * * and fisheries * * *; provided, that effective July 1,
2024, the power and duty to coordinate such studies pertaining to parks are transferred
to the corporation;
(d) To prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at such other times as may be required by the Legislature or Governor, a full report of the work of the department, including a detailed statement of expenditures of the department and any recommendations the department may have;
(e) To enter into
cooperative agreements with any federal or state agency or subdivision thereof,
or any public or private institution located inside or outside the State of Mississippi,
or any person, corporation or association in connection with studies and
investigations pertaining to wildlife * * * and fisheries * * *, provided the agreements do not have
a financial cost in excess of the amounts appropriated for such purposes by the
Legislature; provided, that effective July 1, 2024, the power and duty to enter
into such agreements pertaining to parks are transferred to the corporation;
(f) In his discretion, to enter into an affinity relationship with a credit card issuer and to expend funds derived therefrom to improve wildlife management areas; and
(g) To carry out all regulations and rules adopted by the commission and enforce all licenses and permits issued by the commission.
SECTION 23. Section 55-3-2, Mississippi Code of 1972, is amended as follows:
55-3-2. (1) For
purposes of * * * Title 55, Chapter 3, Mississippi Code of 1972, the
following words shall have the meanings ascribed herein unless the context
otherwise requires:
(a) "Commission,"
"department" or "corporation" means the Mississippi * * * Parks Corporation.
Any reference in the laws to the Department of Wildlife, Fisheries and Parks
or the Commission on Wildlife, Fisheries and Parks relating to state parks shall
mean the corporation.
* * *
( * * *b) "Executive director" or
"president" means the * * * President of the Mississippi Parks Corporation,
who shall serve as chief executive officer of the corporation. Any reference in
the laws to the Executive Director of the Department of Wildlife, Fisheries and
Parks relating to state parks shall mean the president.
(c) "Board" means the Mississippi Parks Corporation Board of Directors.
(2) If any provisions of Sections 55-3-31 through 55-3-85 conflict with any provisions of Sections 55-3-150 through 55-3-174, then Sections 55-3-150 through 55-3-174 shall govern.
SECTION 24. Section 55-3-31, Mississippi Code of 1972, is amended as follows:
55-3-31. (1) The
Mississippi * * * Parks Corporation
shall retain all powers and duties granted by law to the Department of Natural
Resources, Bureau of Recreation and Parks, the Commission on Wildlife, Fisheries
and Parks, and the Department of Wildlife, Fisheries and Parks with respect to the
state park system, and wherever the term Department of Natural Resources,
Bureau of Recreation and Parks, or the term Commission on Wildlife, Fisheries
and Parks, or the term Department of Wildlife, Fisheries and Parks appears
in any law with respect to the state park system, it shall mean the * * * Mississippi
Parks Corporation.
(2) The words "Mississippi
Park Commission," wherever they may appear in the laws of the State of
Mississippi, shall be construed to mean the Mississippi * * * Parks Corporation.
(3) If any provisions of Sections 55-3-31 through 55-3-85 conflict with any provisions of Sections 55-3-150 through 55-3-174, then Sections 55-3-150 through 55-3-174 shall govern.
SECTION 25. Section 55-3-41, Mississippi Code of 1972, is amended as follows:
55-3-41. A fund to be known as "Mississippi Park Fund" is hereby established in the State Treasury, and all funds held in the "Mississippi Park System Fund" shall be transferred thereto.
Funds collected by the * * * corporation shall be
deposited in the State Treasury to the credit of the fund. The interest from
the Mississippi Park Fund earned from any investment or deposit made pursuant
to Section 27-105-33 * * * shall be credited to the Mississippi Park
Fund by the treasurer. Expenditures shall be made from the fund upon requisition
signed by the * * * president, or by a person whom the * * * president may
designate and the State Fiscal Officer shall issue his warrant on the State
Treasury payable out of the Mississippi Park Fund. All funds in the
Mississippi Park Fund shall be expended only pursuant to appropriation approved
by the Legislature and as provided by law.
SECTION 26. This act shall take effect and be in force from and after July 1, 2024.
