MCA Chapter 1

in effect

Miss. Code Ann. § 7-1-1 Installation.

When it shall be ascertained who is chosen governor, he shall be installed and the oath of office administered to him by one of the judges of the supreme court or, in their absence, by the presiding officer of one of the two houses of the legislature, in the presence of the two houses. The time of such installation shall be at noon on the first Tuesday following the ascertaining of who is elected governor, or as soon thereafter as practicable, unless a different time be fixed by a concurrent resolution of the two houses.

Miss. Code Ann. § 7-1-3 Private secretary.

The governor may appoint a private secretary, and such others as are provided by law, for service in his office during his term of office, and they shall be under his direction and control. When necessary during the sitting of the legislature, he may appoint an assistant private secretary, who shall receive four dollars ($4.00) a day payable out of the state treasury upon the certificate of the governor.

Miss. Code Ann. § 7-1-5 Powers generally.

In addition to the powers conferred and duties imposed on the Governor by the constitution and by the laws as elsewhere provided, he shall have the powers and perform the duties following: He is the supreme executive officer of the state. He is the commander in chief of the militia of the state and may call out the militia to execute the laws, to suppress insurrections or riots, and to repel invasions. He shall see that the laws are faithfully executed. He is to supervise the official conduct of all executive and ministerial officers. He is to see that all offices are filled and the duties of the offices are performed or, in default thereof, apply such remedy as the law allows; and if the remedy is inadequate, he shall inform the Legislature at its next session. He shall make appointments and fill vacancies as prescribed by law. Whenever any suit or legal proceeding is pending that affects the title of the state to any property, or that may result in any claim against the state, he may direct the Attorney General to appear on behalf of the state and protect its interest. He may require the Attorney General, or district attorney of any district, to inquire into the affairs or management of any corporation existing under the laws of this state, or doing business in this state under the laws of the state. He may require the Attorney General to aid any district attorney in the discharge of his duties. He may offer rewards, not exceeding Two Hundred Dollars ($200.00), for persons with mental illness who have escaped and are dangerous, and such other rewards as are authorized by law. He may require any officer or board to make special reports to him upon demand in writing. He shall transact all necessary business with state officers, shall require them to be present at their respective offices at all reasonable business hours, and may require information, in writing, from any such officer relating to the duties of his office. When deemed advisable upon proceedings for the arrest in this state of fugitives from justice from other states or countries, he may commission a special officer to arrest the fugitive in any part of the state. He may bring any proper suit affecting the general public interests, in his own name for the State of Mississippi, if after first requesting the proper officer so to do, the officer refuses or neglects to do the same.

Miss. Code Ann. § 7-1-7 Acceptance of gifts and bequests.

The governor of the state of Mississippi, in his discretion, is hereby authorized and empowered to receive and accept lands, gifts, and bequests for the state of Mississippi for hospitals and other public purposes for and on behalf of any agency or institution thereof. The various state agencies and governing boards of institutions of the state of Mississippi are hereby authorized and empowered to take the necessary action required of such boards or agencies in order to make possible the receipt and utilization of any grants, gifts, or bequests to the state for such agency or institutions thereof.

Miss. Code Ann. § 7-1-9 Great seal.

The great seal of the state now in use shall be the seal of the state until altered by the legislature, and all official acts of the governor, his approval or disapproval of bills and resolutions passed by the legislature excepted, shall be authenticated by the great seal of the state.

Miss. Code Ann. § 7-1-11 Records of acts and deposit of laws.

The governor shall cause to be recorded in a suitable book to be kept for that purpose the number and title of every act and joint resolution of the legislature presented to him for his approval. Such record shall show the date of the receipt by him of every such act and resolution, the date of his approval thereof in whole or in part, if he approve the same, and the date of his return of any such act or resolution with his objections thereto, if such return thereof be made. He shall cause all acts and joint resolutions which have become laws, or have taken effect by his approval or otherwise, to be deposited in the office of the secretary of state without delay.

Miss. Code Ann. § 7-1-13 Business with the United States government.

The governor shall transact all the business of the state, civil and military, with the United States government or with any other state or territory, except in cases otherwise specially provided by law.

Miss. Code Ann. § 7-1-15 Transmission of laws and documents.

The governor shall cause to be transmitted to the executive of each state of the United States, to the library of congress, and to the proper authority of the governments of Canada and Mexico, copies of the laws, journals, reports, and documents printed by order of the legislature. He shall receive such books and publications as may be transmitted in return, and cause the same to be deposited in the state library.

Miss. Code Ann. § 7-1-17 Commissioners for other states.

The governor may appoint one or more commissioners, residing in each of the states and territories of the United States and in the District of Columbia or in any foreign country, who shall hold their office for the term of four years from the date of their commissions. They shall have full power to administer oaths and affirmations, to take and certify depositions and affidavits to be used in this state, and to take and certify the acknowledgment and proof of all instruments of writing to be recorded in this state; and their acts shall be as effectual in law as if done and certified by any officer thereunto duly authorized in this state. Before any commissioner so appointed shall proceed to perform any of the duties of his office, he shall take and subscribe an oath, before an officer authorized to administer oaths in the state or county for which such commissioner may be appointed, that he will faithfully discharge all the duties of the office, which oath shall be filed in the office of the secretary of state within six months after the taking and subscribing of the same.

Miss. Code Ann. § 7-1-19 Investigators of crime.

For the purpose of seeing that the laws are faithfully executed and for the purpose of suppressing crimes of violence and acts of intimidation and terror, the governor is hereby authorized to employ such investigators and other qualified personnel as he may deem necessary to make investigation of crimes of violence and acts of terrorism or intimidation, and to aid in the arrest and prosecution of persons charged with such crimes of violence, acts of terrorism or intimidation, or threats of violence. Such investigators and other personnel so employed by the governor shall have full power to investigate, apprehend, and arrest persons committing acts of violence, intimidation, or terrorism anywhere in the state, and shall be vested with the power of police officers in the performance of such duties as set out herein. Such investigators and other personnel shall perform their duties under the direction of the governor. Each such regularly employed investigator shall enter into an official bond in the sum of Two Thousand Five Hundred Dollars ($2,500.00) for the faithful performance of his duties, the bond premiums to be paid by the governor out of the appropriations made for the enforcement of the provisions of Sections 7-1-19 through 7-1-23. Said bonds shall be kept by the governor without a public record of same being required. The governor shall also be authorized to employ, upon a temporary basis from time to time, such additional investigators and other personnel as he may deem necessary to carry out the purposes of the cited sections, who may not be required to give bond. The governor shall be authorized to offer and pay suitable rewards to other persons for aiding in such investigation and in the apprehension and conviction of persons charged with acts of violence, or threats of violence, or intimidation, or acts of terrorism.

Miss. Code Ann. § 7-1-21 Powers and duties of investigators of crime.

Investigators and other personnel, employed by the governor pursuant to Section 7-1-19, shall have full power to investigate, apprehend, or arrest any person, firm, corporation, or any combination or conspiracy thereof committing said acts of violence, or threats of violence, or intimidations, or acts of terror, or damaging, injuring, or destroying property as a result of acts of violence or terror, in any manner whatever, and to help indict or prosecute, or both, in all such cases. Such investigators or other personnel so employed by the governor, in the performance of their duties under Sections 7-1-19 through 7-1-23, are authorized and empowered to carry firearms and to serve warrants and subpoenas issued under the authority of the state of Mississippi; to make arrests without warrant in such cases where the person making the arrest has reasonable grounds to believe that the person so arrested is guilty of any of the offenses herein named and there is a likelihood of the person escaping before a warrant can be obtained for his arrest, but the person arrested shall be immediately taken before a committing officer; to acquire, collect, classify, and preserve records and evidence obtained hereunder; and to make all lawful searches and seizures to obtain evidence of such acts, when based upon reasonable grounds or probable cause that such is necessary in the accomplishment of the purposes of the aforesaid sections.

Miss. Code Ann. § 7-1-23 Compensation of investigators of crime.

The governor shall fix the compensation and travel and expense allowances to be paid investigators and other persons employed under the provisions of Sections 7-1-19 through 7-1-23, and shall furnish such investigators with such weapons, equipment, materials, articles, and supplies as may be necessary, suitable, and desirable to enable such investigators and other persons to discharge and carry out the duties imposed on them under the provisions of said sections. All expenses incurred hereunder shall be paid out of such funds as are specifically appropriated for the purposes hereof.

Miss. Code Ann. § 7-1-25 Arrest and delivery of fugitives from justice.

It shall be the duty of the governor, on demand made by the executive authority of any other state, territory or district for any person charged, on affidavit or indictment in such other state, territory or district, with a criminal offense and who shall have fled from justice and be found in this state, the demand being accompanied with a copy of the affidavit or indictment certified as authentic by such executive authority, to cause the offender to be arrested and delivered up to the authority of such state, territory or district for removal to the jurisdiction having cognizance of the offense, upon payment of the costs and expenses consequent on arrest; and it shall be the duty of the governor to demand and receive fugitives from justice for offenses committed in this state. The governor may also surrender, on demand of the executive authority of any other state, any person to be found in this state who stands charged in the manner provided in subsection (1) of this section with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand.

Miss. Code Ann. § 7-1-27 Duty to notify executive of other state.

Upon being informed by any conservator of the peace of the commitment or admission to bail of any person in this state charged with treason, felony, or other crime in some other state or territory, the governor shall forthwith communicate the information to the executive of the state or territory in which the offense is charged to have been committed.

Miss. Code Ann. § 7-1-29 Rewards for absconding criminals.

Whenever the governor shall be of opinion that the public good requires it, he is authorized to offer, by proclamation or in such other manner as he may deem advisable, such reward as he may think the nature of the case requires, not exceeding Two Thousand Dollars ($2,000.00), for the apprehension and arrest of any person who has committed any atrocious offense against the criminal laws, to be paid in no instance until the offender is delivered to the civil authority of the county where the offense was committed, and confined in jail or admitted to bail; or the reward may be conditioned to be paid only upon conviction.

Miss. Code Ann. § 7-1-31 Agent to bring absconding offender from other states.

The governor may appoint an agent to demand of the executive authority of any other state or territory any fugitive from justice or other person charged with treason, felony, or other crime in this state. Such agent, if necessary, may employ a sufficient guard or escort to bring such criminal to this state; and the governor may contract other expenses absolutely required in performing the duties of the agency.

Miss. Code Ann. § 7-1-33 Suits in foreign jurisdiction.

The governor may order and direct suits to be brought for and in the name of the state in any other state or foreign jurisdiction for the recovery of any moneys due or owing to the state, or upon any claim or demand on which the state is entitled to sue. For the prosecution of such suits he may employ counsel and, for such sum as is necessary to pay the costs or expenses thereof, order the auditor to draw a warrant on the treasury, payable out of any sum appropriated for the purpose.

Miss. Code Ann. § 7-1-35 Appointment of officers.

The governor shall fill by appointment, with the advice and consent of the senate, all offices subject to such appointment when the term of the incumbent will expire within nine months after the meeting of the legislature, and also vacancies in such offices occurring from any cause during the session of the senate or during the vacation of that body. All such appointments to offices made in vacation shall be reported to the senate within ten days after the commencement of the session of that body for its advice and consent to the appointment, and the vacancy shall not be filled if caused by the senate’s refusal to confirm any appointment or nomination, or if it do not occur during the last five days of the session, by the appointment of the governor in the vacation of the senate, without its concurrence. Any appointment in vacation to which the senate shall refuse to consent shall be thereby annulled from that date, but the acts of the appointee prior thereto shall not be affected thereby.

Miss. Code Ann. § 7-1-37 Senate convened in vacation of legislature.

The governor may convene the senate in the vacation of the legislature for concurrence in appointments by giving ten days’ notice thereof by proclamation by mail to each of the senators.

Miss. Code Ann. § 7-1-39 Vacancies in municipal elective offices.

In the event of the death, resignation, or removal from office of the mayor and board of aldermen or commissioners, or a majority of the aldermen or commissioners, so that said vacancies cannot be filled as now provided by law, it shall be the duty of the governor to fill such vacancies by appointment for the unexpired term where such unexpired term is less than six months, and if more than six months, until an election can be held as now provided by law to fill such vacancies.

Miss. Code Ann. § 7-1-41 Superintendent of auditor’s and treasurer’s offices.

The governor shall superintend the offices of the treasurer and auditor of public accounts, and may at any time make a personal inspection of all the books, vouchers, and other official papers in said offices. If he shall at any time discover or have reason to suspect that either of said officers has been guilty of any embezzlement, peculation, defalcation, or fraud in his office, he shall forthwith suspend said officer from office and shall cause legal proceedings to be instituted against him. He shall make a temporary appointment to fill such office until the officer so suspended shall be acquitted of the charge against him, and the officer so suspended shall not receive any salary during the period of his suspension, unless he shall be acquitted.

Miss. Code Ann. § 7-1-43 To verify funds in the treasury.

It shall be the duty of the governor, at least three times a year and oftener if he sees fit, at such times as he may deem proper, to go to the treasury without giving notice to the treasurer, to verify the cash balance as shown by the books, and to publish the fact that he has done so, stating whether the amount called for by the books be actually in the treasury and whether the treasurer had any notice whatever that the verification would be made. He shall verify the count of the funds in the treasury and certify to the statements of the treasurer, if true, showing the condition of the treasury in the months of January and July of each year, as required by section 137 of the constitution.

Miss. Code Ann. § 7-1-45 Examiner of public accounts.

The governor is authorized, when he deems it proper, to appoint an expert accountant whose duty it shall be, under the direction of the governor, to audit and examine the books, accounts, and vouchers of all officers, state or county, or of any of the state educational, charitable, or reformatory institutions, or of the officers thereof, or of any other institution supported in whole or in part by the state.

Miss. Code Ann. § 7-1-47 Compensation of examiner of public accounts.

The governor shall have power to direct and control the examiner and, when he deems it necessary, may require him to examine the accounts of any state or county officer charged with the duty of collecting or disbursing any part of the public revenue. He shall fix compensation at not exceeding seven dollars a day while actually employed, the examiner to pay his own expenses; and the governor shall prescribe the time for which he shall be employed.

Miss. Code Ann. § 7-1-49 Commission of examiner of public accounts.

A commission shall issue to the examiner, vesting in him authority to do and perform the duties for which he may be appointed. He shall have authority to issue subpoenas for witnesses whom he may wish to examine, administer oaths to them, and to compel their attendance; and shall have full authority to require officers whose books and accounts are being examined, and their deputies and clerks, to render him assistance and give him information needed in the prosecution of his investigations. The examiner shall have the same power to punish a witness who fails or refuses to attend and testify before him as conferred by law on justices of the peace; and an officer, his deputy or clerk, failing to give assistance or information to the examiner when required shall be punished as for a failure or refusal to perform official duty.

Miss. Code Ann. § 7-1-51 Special audit of county books.

Where an expert accountant is appointed by the governor to audit the books and accounts of county officers of any county and the accountant so appointed shall perform services under such appointment in auditing the books of any county officers, such accountant shall submit his bill for services, itemized, to the circuit judge of the district, whose duty it shall be to approve the same if found correct and reasonable. Thereupon said account, with a copy of the order of the judge or court, shall be sent to the governor for his approval, who, if he shall find the same correct and reasonable, shall approve the same; and thereupon it shall be the duty of the board of supervisors of the county, the books of whose offices are audited, to allow said account. The clerk of the board shall then issue a warrant for the same on the county depository as in other cases, provided that this section shall apply only to cases where the governor has been petitioned by 25 per cent of the qualified electors of the county to appoint an accountant.

Miss. Code Ann. § 7-1-53 Appointment revocable.

The appointment of the examiner is revocable at the discretion of the governor, and the governor may at pleasure appoint a successor. If the exigencies of the public service require it, the governor may appoint two or more examiners.

Miss. Code Ann. § 7-1-55 Examiner’s report.

The examiner shall make report to the governor, under oath, of the result of any examination he may be required to make, and show therein the true condition and state of the books and accounts examined at the time of his examination. Such reports shall be public records.

Miss. Code Ann. § 7-1-57 Defaulting state treasurer and tax collectors suspended.

Whenever it shall be credibly alleged to the governor that the state treasurer or any tax collector is a defaulter, the governor shall direct the examiner forthwith to examine the records, books, and accounts of such treasurer or tax collector and, as soon as practicable, to report the condition of such officer’s accounts. If the report show such officer to be a defaulter or short in his accounts, the governor shall at once suspend him and appoint some other person to perform the duties of the office pending the investigation of his account.

Miss. Code Ann. § 7-1-59 Court proceedings to be instituted.

If the examiner report the state treasurer or any tax collector to be a defaulter, it shall be the duty of the governor to notify the attorney general in case of the state treasurer, or the proper district attorney in case of a county officer, of the facts and require him to institute proper proceedings in court for the investigation of such account and the judicial determination of the status thereof.

Miss. Code Ann. § 7-1-61 Duty in respect to defaulter.

The governor shall have the power, and it is his duty, to suspend alleged defaulting tax collectors pending the investigation of their respective accounts, whether made under the foregoing sections or otherwise, and to make temporary appointments of proper persons to fill the offices while such investigations are being made.

Miss. Code Ann. § 7-1-63 Contingent fund.

The executive contingent fund shall be expended under the direction of the governor and be accounted for by him to the legislature at each session. The auditor shall issue his warrant on the treasurer for such sums as the governor may from time to time, by his written order, direct; but no part of such fund shall be expended for the private purposes of the governor or for his individual expenses.

Miss. Code Ann. § 7-1-65 To borrow money in case of casualties.

The governor is authorized, in case of casualty or casualties caused by wind, fire, or water leaving people distressed and in destitute circumstances, to borrow money in sums not exceeding Two Thousand Five Hundred Dollars ($2,500.00) in any one case, and to expend the same for the relief of such suffering and on such terms and conditions as he may see fit and proper. There may not be borrowed in any one year more than Ten Thousand Dollars ($10,000.00).

Miss. Code Ann. § 7-1-67 Acting governor in certain contingencies.

When the office of governor shall become vacant, by death or otherwise, the lieutenant-governor shall possess the powers and discharge the duties of said office. When the governor shall be absent from the state or unable from protracted illness to perform the duties of the office, the lieutenant-governor shall discharge the duties of said office until the governor be able to resume his duties. If, from disability or otherwise, the lieutenant-governor shall be incapable of performing said duties or if he be absent from the state, the president of the senate pro tempore shall act in his stead; but if there be no such president or if he be disqualified by like disability or be absent from the state, then the speaker of the house of representatives shall assume the office of governor and perform said duties. In case of the inability of the foregoing officers to discharge the duties of governor, the secretary of state shall convene the senate to elect a president pro tempore. The officer discharging the duties of governor shall receive compensation as such. Should a doubt arise as to whether a vacancy has occurred in the office of governor, or as to whether any one of the disabilities mentioned in this section exists or shall have ended, then the secretary of state shall submit the question in doubt to the judges of the supreme court, who, or a majority of whom, shall investigate and determine said question and furnish to the secretary of state an opinion in writing, which shall be final and conclusive.

Miss. Code Ann. § 7-1-101 Office, staff, and information for governor-elect.

The governor’s office of general services shall provide a governor-elect with office space and office equipment for the period between the election and inauguration. A special appropriation to the governor’s office of general services is hereby authorized to defray the expenses of providing necessary staff employees and for the operation of the office of a governor-elect during the period between the election and inauguration. The state fiscal management board shall make available to a governor-elect and his designated representatives information on the following: (a) all information and reports used in the preparation of the budget report; and (b) all information and reports on projected income and revenue estimates for the state.

Miss. Code Ann. § 7-1-151 Appropriation to defray certain expenses of former governor.

A special appropriation to the state fiscal management board is hereby authorized to defray the expenses of providing necessary secretarial assistance and office supplies for a former governor for a reasonable period of time, not to exceed six (6) months from the expiration of said governor’s term of office, to enable such ex-governor to wind up his public obligations and responsibilities and to answer his correspondence and close his official files.

Miss. Code Ann. § 7-1-201 Terminated.

Terminated by Laws, 1978, ch. 385, § 6, eff September 30, 1981. § 7-1-201 . [En Laws, 1978, ch. 385, § 1; Laws, 1980, ch. 560, § 5] § 7-1-203 through § 7-1-209 . [En Laws, 1978, ch. 385, §§ 2-5] Editor’s Notes — Former § 7-1-201 created the criminal justice planning commission in the office of the governor and provided for its membership, terms of office of members, the filling of vacancies, officers, expenses of members, and an executive director and staff. Former § 7-1-203 provided for meetings of the criminal justice planning commission, fixed a quorum, provided for committees, required open meetings, and required public access to commission records. Former § 7-1-205 fixed the duties of the commission. Former § 7-1-207 required quarterly and annual reports by the commission. Former § 7-1-209 required review of the commission’s comprehensive plan for a state criminal justice system by the judiciary en banc committees of the legislature.

Miss. Code Ann. § 7-1-251 Department of Finance and Administration to be Office of Governor, Division of Federal-State Programs.

The Department of Finance and Administration shall be the Office of the Governor, Division of Federal-State Programs and shall retain all powers and duties granted by law to the Office of the Governor, Division of Federal-State Programs, except for specific duties transferred to other departments under “the Mississippi Executive Reorganization Act of 1989 [Law, 1989, Chapter 544]”. Wherever the term “Office of the Governor, Federal-State Programs” appears in any law the same shall mean the Department of Finance and Administration. The Executive Director of the Department of Finance and Administration may assign to the appropriate division such powers and duties as deemed appropriate to carry out the lawful functions of this department.

Miss. Code Ann. § 7-1-253 Repealed.

Repealed by Laws, 1989, ch. 544, § 23, eff from and after July 1, 1989. § 7-1-253 . [En Laws, 1980, ch. 340, §§ 2, 3; Laws, 1983, ch. 325, § 2; Laws, 1988, ch. 323, § 2] Editor’s Notes — Former § 7-1-253 provided for the powers and duties of the Executive Director of the Division of Federal-State Programs.

Miss. Code Ann. § 7-1-255 Powers and duties of Department.

The Department of Finance and Administration shall have the following powers and duties with regard to federal-state programs: Provide assistance to state departments, agencies and institutions in the development of federal programs and, whenever possible, to local agencies, so that the people of Mississippi can be assured of a fair, efficient and coordinated planning and administration of these programs. The department shall inform the Governor of the fiscal requirements of the state departments, agencies and institutions for these programs so that a comprehensive plan can be developed which will be responsive to state needs and priorities. The Department of Finance and Administration is hereby authorized to receive and expend funds that have been appropriated by the Legislature in accordance with law for coordinating federal programs and for providing technical assistance to state and local agencies administering those programs. All state departments, agencies and institutions shall cooperate with the department by providing information and assistance when requested. The Department of Finance and Administration is hereby authorized to cooperate with or, with approval of the Governor, enter into any agreements with any agency, department, official, educational institution or political subdivision of this state, any agency or official of the government of the United States of America, or any private person for and on behalf of any delivery agency, in order to carry out the provisions of Section 7-1-251 et seq. The delivery of services for the programs known as “federal-state programs” shall be carried out by the state delivery agencies as assigned by the Executive Director of the Department of Finance and Administration, or as specified by law. The department is hereby authorized, with the approval of the Governor, to charge reasonable application fees in the administration of the Federal Low-Income Housing Tax Credit Program established by Title II of the Tax Reform Act of 1986, P.L. 99-514. The department is further authorized and empowered to escalate its budget authority based on any such fees generated. In the event that the government of the state is reorganized so as to provide that an agency other than the department shall administer the Federal Low-Income Housing Tax Credit Program, the authority granted by this paragraph shall be transferred to such successor agency. The Department of Finance and Administration is authorized to promulgate such reasonable rules and regulations as may be necessary to implement the provisions of Section 7-1-251 et seq., complying with the provisions of Section 25-43-1 et seq.

Miss. Code Ann. § 7-1-257 Construction of references to office of Executive Director of Federal-State Programs.

Any reference to the office of the Executive Director of Federal-State Programs or to the Division of Federal-State Programs, Office of the Governor, in any statute or executive order shall be construed to mean the Department of Finance and Administration.

Miss. Code Ann. § 7-1-259 Repealed.

Repealed by Laws, 1990, ch 522, § 37, eff from and after July 1, 1990. § 7-1-259 . [En Laws, 1985, ch. 525, § 35; Am, Laws, 1989, ch. 544, § 22] Editor’s Notes — Former § 7-1-259 provided for the transfer of personnel from the Governor’s Office of Administrative Service to the Department of Finance and Administration, as deemed necessary, to carry out the provisions of the Mississippi Executive Reorganization Act of 1989 (Chapter 544, Laws of 1989).

Miss. Code Ann. § 7-1-301 and 7-1-303. Repealed.

Repealed by Laws, 1982, ch. 316, § 3, eff from and after July 1, 1984. §§ 7-1-301 and 7-1-303 . [En Laws, 1980, ch. 431, §§ 1, 2; Am, Laws, 1982, ch. 316, §§ 1, 2] Editor’s Notes — Former § 7-1-301 created the Mississippi Governor’s Council on Physical Fitness, provided for the appointment of members and their terms, compensation and staffing. Former § 7-1-303 specified the powers and duties of the council.

Miss. Code Ann. § 7-1-351 Department of Economic and Community Development to be Division of Job Development and Training [For contingent repeal of this section, see Editor’s note].

The Department of Economic and Community Development shall be the Division of Job Development and Training and shall retain all powers and duties granted by law to the Division of Job Development and Training and wherever the term “Division of Job Development and Training” shall appear in any law it shall mean the Department of Economic and Community Development. The executive director may assign to appropriate divisions powers and duties as deemed appropriate to carry out the lawful functions of the department.

Miss. Code Ann. § 7-1-353 Repealed.

Repealed by Laws, 1989, ch. 544, § 47, eff from and after July 1, 1989. § 7-1-353 . [En Laws, 1980, ch. 496, § 2] Editor’s Notes — Former § 7-1-353 authorized the appointment of a director of the division of job development and training.

Miss. Code Ann. § 7-1-355 Administration of Workforce Investment Act programs; annual report on Workforce Investment Act activities [Repealed effective July 1, 2023; For contingent repeal of this section, see Editor’s note].

The Mississippi Department of Employment Security, Office of the Governor, is designated as the sole administrator of all programs for which the state is the prime sponsor under Title 1(B) of Public Law 105-220, Workforce Investment Act of 1998, and the regulations promulgated thereunder, and may take all necessary action to secure to this state the benefits of that legislation. The Mississippi Department of Employment Security, Office of the Governor, may receive and disburse funds for those programs that become available to it from any source. The Mississippi Department of Employment Security, Office of the Governor, shall establish guidelines on the amount and/or percentage of indirect and/or administrative expenses by the local fiscal agent or the Workforce Development Center operator. The Mississippi Department of Employment Security, Office of the Governor, shall develop an accountability system and make an annual report to the Legislature before December 31 of each year on Workforce Investment Act activities. The report shall include, but is not limited to, the following: The total number of individuals served through the Workforce Development Centers and the percentage and number of individuals for which a quarterly follow-up is provided; The number of individuals who receive core services by each center; The number of individuals who receive intensive services by each center; The number of Workforce Investment Act vouchers issued by the Workforce Development Centers including: A list of schools and colleges to which these vouchers were issued and the average cost per school of the vouchers; and A list of the types of programs for which these vouchers were issued; The number of individuals placed in a job through Workforce Development Centers; The monies and the amount retained for administrative and other costs received from Workforce Investment Act funds for each agency or organization that Workforce Investment Act funds flow through as a percentage and actual dollar amount of all Workforce Investment Act funds received.

Miss. Code Ann. § 7-1-357 Cooperation with agencies, institutions and other entities [For contingent repeal of this section, see Editor’s note].

The division of job development and training, office of the governor, is hereby authorized to cooperate with or enter into agreements with any agency, official, educational institution or political subdivision of this state, any agency or official of the government of the United States of America, or any private person, firm, partnership or corporation in order to carry out the provisions of Sections 7-1-351 through 7-1-371.

Miss. Code Ann. § 7-1-359 Repealed.

Repealed by Laws, 1989, ch. 544 § 48, eff from and after July 1, 1989. § 7-1-359 . [En Laws, 1980, ch. 496, § 5] Editor’s Notes — Former § 7-1-359 authorized the establishment of advisory councils to the division of job development and training.

Miss. Code Ann. § 7-1-361 Rules and regulations [For contingent repeal of this section, see Editor’s note].

The division of job development and training, office of the governor, is authorized to promulgate such rules and regulations as may be necessary to carry out the provisions of Sections 7-1-351 through 7-1-371.

Miss. Code Ann. § 7-1-363 Contracts with the division of vocational-technical education [For contingent repeal of this section, see Editor’s note].

To the maximum extent practicable, the Department of Economic and Community Development shall contract with the Division of Vocational-Technical Education of the State Department of Education all programs embracing an institutional training component. Such programs shall be contracted to the Division of Vocational-Technical Education of the State Department of Education, except those programs funded by the Governor’s special grant, shall be coordinated with and complementary to the existing state public educational systems and shall not be duplicative or competitive in nature to such systems.

Miss. Code Ann. § 7-1-365 Cooperation with certain other state boards and commissions [For contingent repeal of this section, see Editor’s note].

The state department of education, vocational-technical division, the board of trustees of any junior college district, the board of trustees of any school district, the Mississippi Employment Security Commission, and the division of job development and training, office of the governor, shall cooperate in carrying out the provisions of Sections 7-1-351 through 7-1-371.

Miss. Code Ann. § 7-1-367 Repealed.

Repealed by Laws, 1989, ch. 544, § 49, eff from and after July 1, 1989. § 7-1-367 . [En Laws, 1980, ch. 496, § 9] Editor’s Notes — Former § 7-1-367 authorized implementation of §§ 7-1-351 through 7-1-371 by the Governor.

Miss. Code Ann. § 7-1-369 Repealed.

Repealed by Laws, 1983, ch. 366, eff from and after passage (approved March 16, 1983). § 7-1-369 . [En Laws 1980, ch. 496, § 10] Editor’s Notes — Former § 7-1-369 provided for an annual review by the joint legislative committee on performance evaluation and expenditure review.

Miss. Code Ann. § 7-1-371 State assets or personnel not to be utilized without federal reimbursement [For contingent repeal of this section, see Editor’s note].

Unless wholly reimbursed from federal funds, no state funds, personnel, assets or resources shall be utilized in carrying out the provisions of Sections 7-1-351 through 7-1-371.

Miss. Code Ann. § 7-1-401 Establishment of State Bond Advisory Division; director.

There is hereby created within the Bureau of Budget and Fiscal Management of the State Fiscal Management Board a division to be known as the “State Bond Advisory Division.” The State Fiscal Management Board shall appoint a director, who shall have knowledge in the field of state governmental operation and of the state’s fiscal and economic affairs and shall employ such other technical, professional and clerical help as he deems necessary. The director shall, before entering upon the duties of his appointment, execute a good and sufficient bond payable to the state in some surety company qualified and doing business in the State of Mississippi in the penal sum of Fifty Thousand Dollars ($50,000.00), conditioned upon the faithful performance of his duties as required by law. The premium on said bond shall be paid as the premium on the Governor’s bond.

Miss. Code Ann. § 7-1-403 Powers and duties of division.

The Bond Advisory Division is hereby granted the authority and charged with the responsibility to perform the following duties: To maintain a close working relationship with agencies authorized to incur bonded indebtedness in order to know the probable schedule for the issuance of bonds so that coordination may be accomplished for orderly issuance. To require all state agencies authorized to incur bonded indebtedness, in addition to cooperation required in subsection (a), to submit written notice of intent to sell bonds at least thirty (30) days prior to requesting the State Bond Commission to approve the sale of such bonds. Such notification shall contain such information as may be required by the director. However, with the concurrence of the State Fiscal Officer, in cases of emergency the requirement of thirty (30) days’ notice may be waived by the director. To require all state agencies or political subdivisions to submit annual financial reports, and such other interim reports as deemed necessary, on projects financed by state revenue bonds or by state bonds which have the general obligation pledge of the state, but which are primarily backed by specified revenues. To maintain a complete record of all outstanding state bonds. The record shall include, but shall not be limited to, the following: Amount of principal of the bonds issued and the rates of interest; Dates the bonds were issued, the term or terms of the bonds, and maturities; The overall average interest rate to be paid on each issue; The name of the paying agent; The trustees named to administer the issue and the pledges securing such bonds; The statutes under which such bonds were issued and the statutory authority for all bonds authorized, whether issued or unissued. To maintain a close working relationship with the Mississippi Development Authority, the University Research Center and the Commissioner of Revenue in order to obtain current information concerning the economic, financial and growth conditions of the state and such other information necessary to properly comply with the intent of Sections 7-1-401 and 7-1-403. To receive the cooperation of all state agencies and institutions in accumulating the information required by Sections 7-1-401 and 7-1-403. To make continuing studies and investigations of government bond interest costs throughout the United States of America and to advise the Governor, the State Bond Commission and the Legislature concerning market conditions and credit condition of the state. To contract with the Department of Information Technology Services for such data processing or computer services as are necessary in providing complete, current and accurate information regarding bonds issued, maturity dates, interest costs, bond market trends and other data necessary for the proper management of the state’s debt and investments of state funds. To issue rules and regulations as are necessary for the enforcement of the provisions of Sections 7-1-401 and 7-1-403. To investigate and require reports covering proposed transactions involving refunding bond issues, bond exchanges, bond trades, bond “swaps,” redemptions, etc., which may be engaged in with regard to any state bond. To keep the Governor, Bond Commission and the Legislature informed regarding the credit outlook for the state and to furnish whatever information the Legislature requests which is required to be maintained under Sections 7-1-401 and 7-1-403. To maintain a personal relationship with rating agencies and state bond investors, including the responsibility to invite people in the national financial community to visit our state in order for them to better understand our undertakings, and to incur and pay all expenses in connection with the administration and function of the division, including information meetings or other appropriate forms of communication. All such expenses for these trips shall be paid from appropriations made for the operation of this division. To cooperate with and provide assistance to counties, municipalities and other political subdivisions when the respective governing authorities request such assistance regarding matters of financial and credit administration and in the preparation of materials and information required to be used in connection with credit ratings and the sale of bonds. To perform such other duties and acts necessary to carry out the intent of Sections 7-1-401 and 7-1-403. To maintain a complete record of the name and business address of any person, firm, corporation or other entity deriving any income for services performed with respect to any bonds issued after May 16, 1988, by the State Bond Commission, State Development Bank, Mississippi Housing Finance Corporation, Certified Development Company of Mississippi, Inc., Mississippi Hospital Equipment and Facilities Authority or any other entity issuing bonds or notes of the State of Mississippi. The report shall specify the amount of funds, whether from bond proceeds or otherwise, paid or to be paid to each such person or entity for services performed for each such bond issue. The initial report shall be made available on or before January 15, 1989, to the Clerk of the House of Representatives and to the Secretary of the Senate. All subsequent updated reports shall be submitted on or before January 15 of each year to the Clerk of the House of Representatives, the Secretary of the Senate, the Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance Committee. The State Bond Attorney shall annually compile a list of all local bond issues, itemizing the name of the issuer, a description of the issue, the amount of the bonds issued and the name and address of the person acting as bond counsel on the issue. Such list shall be submitted on or before January 15 of each year to the Clerk of the House of Representatives, the Secretary of the Senate, the Chairman of the House Ways and Means Committee, the Chairman of the Senate Finance Committee, and the Joint Performance Evaluation and Expenditure Review Committee (PEER). The reports required to be compiled pursuant to this paragraph shall be posted on the Department of Finance and Administration’s website by not later than January 15 of each year.

Miss. Code Ann. § 7-1-451 Department of Finance and Administration to be Office of General Services.

The Department of Finance and Administration shall be the Office of General Services and shall retain all powers and duties granted by law to the Office of General Services. Wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration. The Executive Director of the Department of Finance and Administration may assign to the appropriate divisions such powers and duties as deemed appropriate to carry out the department’s lawful functions.

Miss. Code Ann. § 7-1-453 Repealed.

Repealed by Laws, 1989, ch. 544, § 25, eff from and after July 1, 1989. § 7-1-453 . [En Laws, 1984, ch. 488, § 6] Editor’s Notes — Former § 7-1-453 provided for the executive director of the office of general services.

Miss. Code Ann. § 7-1-501 Appointment of State Bar members as commissioners; duties.

The Governor shall appoint as commissioners to the National Conference of Commissioners on Uniform State Laws three (3) members, in good standing, of The Mississippi Bar. In addition to the Governor’s appointees, the commission on uniform state laws shall consist of the following appointed commissioners, all of whom shall be members, in good standing, of The Mississippi Bar: a member of the Senate appointed by the Lieutenant Governor; a member of the House of Representatives appointed by the Speaker of the House; any member of the bar who has been elected a life member of the conference; and the Directors of the Mississippi Law Research Institute, and the Senate and House Legislative Services Offices. The commissioners so appointed shall confer and act with the commissioners of other states and territories in the formulation of uniform laws on all subjects. The commissioners shall prepare a report on their recommendations to be submitted to the Legislature for its consideration for adoption.

Miss. Code Ann. § 7-1-503 Appointment of associate members.

Two (2) associate members of the National Conference of Commissioners on Uniform State Laws, all of whom shall be members, in good standing, of The Mississippi Bar, shall be appointed to act in accordance with the constitution and bylaws of the conference as follows: The Lieutenant Governor shall appoint one (1) associate member from the staff of the Senate; and The Speaker of the House of Representatives shall appoint one (1) associate member from the staff of the House.

Miss. Code Ann. § 7-1-505 Term of appointments; designation of substitute person to attend annual meeting in the absence of commissioner or associate member.

The commissioners and associate members shall serve until such time as they are removed or their successors are appointed by the aforesaid appointing authorities. In the event that a commissioner or associate member is unable to attend an annual meeting of the conference, the appointing authority shall designate a substitute person to attend the meeting.

Miss. Code Ann. § 7-1-551 Definitions.

The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise: “Commission” means the Governor’s Commission on Physical Fitness and Sports. “Physical fitness” means good or improved life-style habits of Mississippi residents through the utilization of recreational opportunities, consistent and medically correct exercise, and leisure time management for the expressed purpose of decreasing stress related maladies, thereby promoting a more healthful environment for the citizens of this state. “Sports” means those team or individual competitive athletic activities that are participated in on an amateur basis by the citizens of the State of Mississippi for the expressed purposes of enjoyment, exercise and sportsmanship without expectations of financial remuneration.

Miss. Code Ann. § 7-1-553 Purpose.

There is hereby created a Governor’s Commission on Physical Fitness and Sports to serve the citizens of the State of Mississippi by developing safe, healthful and enjoyable physical fitness and sports programs. This commission shall provide instruments of motivation, education and shall promote public awareness to assure that all citizens of the State of Mississippi will have the opportunity to pursue a more healthful life-style.

Miss. Code Ann. § 7-1-555 Membership; reimbursement of travel expenses; terms of service.

The Governor shall appoint twenty-five (25) members, including a chairman, to the commission. The commission members shall be chosen based on their related physical fitness and sports experiences, their education and the areas of expertise that they will contribute to the Governor’s commission without expectation of compensation during their appointed terms. These individual members shall be eligible for reimbursement of travel and expenses in the performance of their appointed duties. The first members of the commission shall be appointed for terms as follows: Six (6) members shall be appointed for terms of one (1) year each; Six (6) members shall be appointed for terms of two (2) years each; Six (6) members shall be appointed for terms of three (3) years each; Six (6) members shall be appointed for a term of four (4) years each; and The chairman shall be appointed for a term of four (4) years. Upon expiration of the aforementioned initial terms, successors to each commission post shall be appointed by the Governor to a four-year term. At the discretion of the Governor, commission appointees shall be eligible for reappointment a second time concurrent to their original term. Subsequent to the second term completion, commission members shall not be eligible to serve again on the commission for a period of one (1) year, at which time eligibility for service to the commission can again be activated at the discretion of the Governor.

Miss. Code Ann. § 7-1-557 Meetings; quorum; dismissal of member; filling vacancy.

At the convenience and discretion of the Governor, the commission shall be called to meet and conduct business on a basis of need as recommended to the Governor by the commission chairman. Nine (9) members shall constitute a quorum. All rules and regulations enacted by the commission shall be subject to amendment by the Governor. Chronic absenteeism, death, sickness and/or apathy toward commission business may result in the dismissal and/or replacement of a commission member by the Governor. The vacancy resulting from such a dismissal and/or death shall be filled by the Governor at his convenience no later than two (2) months after such a vacancy has occurred.

Miss. Code Ann. § 7-1-559 Funding; annual budget report.

In keeping with the ethics and philosophy of the President’s Council on Physical Fitness and Sports, funding for the Governor’s commission shall be generated primarily on the basis of private sector sponsorship. At no time shall any sponsor and/or commission member be allowed to generate personal and/or corporate profits as a result of its affiliation with the Governor’s Commission on Physical Fitness and Sports. Accountability for all monies secured by the commission shall be subject to the Governor’s review at any time. The commission shall also be responsible for submitting an annual budget report to the Governor reflecting all debits and credits incurred by the commission during a fiscal year.

Miss. Code Ann. § 7-1-561 Duties and responsibilities of commission.

It shall be the duty and responsibility of the Governor’s commission to execute to its fullest capacity the following tenets as stated in Presidential Executive Order 12345 of the President’s Council on Physical Fitness and Sports: Enlist the active support and assistance of individual citizens, civic groups, private enterprise, voluntary organizations and others in an effort to promote and improve the fitness of all Mississippians through regular participation in physical fitness and sports activities. Initiate programs to inform the general public of the importance of exercise and the link which exists between regular physical activity and such qualities as good health and effective performance. Strengthen coordination of federal services and programs relating to physical fitness and sports participation and invite appropriate federal agencies to participate in an interagency committee to coordinate physical fitness and sports activities of the federal establishment. Encourage state agencies and local governments to emphasize the importance of regular physical and sports participation. Seek to advance the physical fitness of children, youth, adults and senior citizens by systematically encouraging the development of community recreation, physical fitness and sports participation programs. Develop cooperative programs with medical, dental and other similar professional societies to encourage the implementation of sound physical fitness practices and sports medicine services. Stimulate and encourage research in the areas of sports medicine, physical fitness and sports performance. Assist educational agencies at all levels in developing high quality, innovative health and physical education programs which emphasize the importance of exercise for good health. Assist recreation agencies and state sports governing bodies at all levels in developing “sports for all” programs which emphasize the value of sports to physical, mental and emotional fitness. Assist business, industry, government and labor organizations in establishing sound physical fitness programs to elevate employee fitness and to reduce the financial and human costs resulting from physical inactivity.

Miss. Code Ann. § 7-1-563 Acceptance of gifts and grants.

The commission is hereby authorized and empowered to accept from the federal government, or any instrumentality thereof, or from any person, firm or corporation in the name of and for the state, services, equipment, supplies, materials or funds by way of gift or grant for the purpose of physical fitness.

Miss. Code Ann. § 7-1-565 Annual report.

The commission shall make an annual report to the Governor and the Legislature, including therein suggestions and recommendations for protecting and improving the physical fitness of the state.

Miss. Code Ann. § 7-1-601 Mississippi Advisory Council on Faith-Based Initiatives created; legislative findings and intent; purpose; membership; council functions; report.

The Legislature finds that: Compassionate groups of individuals have selflessly aided this state in serving our most vulnerable residents and our most debilitated neighborhoods. Inspired by faith and civic commitment, these organizations have accomplished much in changing the lives of thousands and resurrecting neighborhoods torn by the strife of crime and poverty. It is essential that this state cooperate with these organizations in order to provide an opportunity to participate on an equal basis, regardless of each organization’s orientation, whether faith-based or secular. It is therefore the intent of the Legislature to recognize the contributions of these organizations and to encourage opportunities for faith-based and community-based organizations to work cooperatively with government entities in order to deliver services more effectively. The Legislature further intends that the purpose of the council is to advise the Governor and the Legislature on policies, priorities, and objectives to enlist, equip, enable, empower, and expand the work of faith-based, volunteer, and other community organizations to the full extent permitted by law. There is established within the Office of the Governor the Mississippi Advisory Council on Faith-Based Initiatives. The council shall be composed of not more than twenty-five (25) members. Council members may include, but need not be limited to, representatives from various faiths, faith-based organizations, community-based organizations, foundations, corporations, and municipalities. The council shall be composed of the following members: Seventeen (17) members appointed by and serving at the pleasure of the Governor. Four (4) members appointed by and serving at the pleasure of the Lieutenant Governor. Four (4) members appointed by and serving at the pleasure of the Speaker of the House of Representatives. Members of the council shall serve for terms of two (2) years, and may continue to serve after the expiration of their terms until a successor is appointed. Members shall be eligible for reappointment and serve at the pleasure of the appointing authority during their terms. The Governor shall designate a member of the council to serve as chair for a term of two (2) years at the pleasure of the Governor. The chair may continue to serve after the expiration of the chair’s term and shall be eligible for redesignation by the Governor. The heads of executive departments and agencies shall, to the extent permitted by law, provide the council with information it needs for purposes of carrying out its mission. The council may request and collect information, hold hearings, establish task forces consisting of members of the council or other individuals, as necessary to carry out its mission. The council may conduct analyses and develop reports or other materials as necessary to perform its mission. Members of the council shall serve without compensation. The principal functions of the council are, to the extent permitted by law: To develop and coordinate activities of faith-based and community-based programs and initiatives, enhance such efforts in communities, and seek such resources, legislation, and regulatory relief as may be necessary to accomplish these objectives; To ensure that state policy decisions take into account the capacity of faith-based and other community-based initiatives to assist in the achievement of state priorities; To identify and promote best practices and successful modes of delivering social services through faith-based and other community-based organizations; To recommend changes in policies, programs, and practices that affect the delivery of services by such organizations and the needs of low-income and other underserved persons in Mississippi communities; To coordinate public awareness of faith-based and community nonprofit initiatives, such as demonstration pilot programs or projects, public-private partnerships, volunteerism, and special projects; To encourage private charitable giving to support faith-based and community-based initiatives; To bring concerns, ideas, and policy options to the Governor and Legislature for assisting, strengthening, and replicating successful faith-based and other community-based programs; To develop and implement strategic initiatives to strengthen the institutions of families and communities in this state; To showcase and herald innovative grassroots nonprofit organizations and civic initiatives; To eliminate unnecessary legislative, regulatory, and other bureaucratic barriers that impede effective faith-based and other community-based efforts to address social problems; To monitor implementation of state policy affecting faith-based and other community-based organizations; To ensure that the efforts of faith-based and other community-based organizations meet objective criteria for performance and accountability. The council may not make any recommendation that conflicts with the Establishment Clause of the First Amendment to the United States Constitution or Section 18 of the Mississippi Constitution. By December 1 of each year, the council shall prepare a written report for the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives containing a summary of activities and recommendations of the council.