MCA Chapter 13

in effect

Miss. Code Ann. § 61-13-1 Purchase, lease, operation, etc., of nonmilitary aircraft for state use.

The Department of Finance and Administration of the State of Mississippi, is authorized and empowered to purchase or lease, operate and maintain nonmilitary aircraft for use by the Governor’s Office, state departments, agencies, boards and commissions, the Legislature, its officers and employees, all under the general direction of the Department of Finance and Administration.

Miss. Code Ann. § 61-13-3 Employment of pilots and technical and administrative personnel.

The Executive Director of the Department of Finance and Administration is authorized to employ pilots and such other technical and administrative personnel as he deems necessary in carrying out the provisions of this chapter, and to fix the compensation of all such employees, subject to the guidelines established by the State Personnel Board.

Miss. Code Ann. § 61-13-5 Laws governing purchase of aircraft; Department of Finance and Administration exempt from requirements of Section 27-104-7(2)(f) when purchasing aircraft maintenance, parts, equipment and/or services; selection process of maintenance facility

The purchase of aircraft to be used for the purpose in this chapter shall be in compliance with Sections 31-7-1 through 31-7-21. The Department of Finance and Administration is hereby exempt from the requirements of Section 27-104-7(2)(f) when procuring aircraft maintenance, parts, equipment and/or services. It shall be the responsibility of the Executive Director of the Department of Finance and Administration to ensure commercially reasonable practices, including competitive pricing and superb industry maintenance standards. The selection process of maintenance facility shall consider: their capability and experience, the scope of work, the cost, and the length of time the aircraft will be out of service. The process undertaken by the Department of Finance and Administration for procurement of the maintenance facility shall be reported to the Public Procurement Review Board.

Miss. Code Ann. § 61-13-7 Assignment of aircraft to state departments, agencies, etc.; recordkeeping requirements.

This chapter shall not be construed so as to prevent the Department of Finance and Administration from permanently assigning aircraft to departments, institutions, commissions or agencies thereof. However, all airplanes owned by the State of Mississippi or by any department, institution, bureau, commission or agency thereof, with the exception of planes owned and operated by the various educational institutions of this state for educational purposes, shall be subject to the record-keeping provisions of this chapter and, in the discretion of the Department of Finance and Administration, such aircraft may be subject to the provisions of Section 61-13-15(2).

Miss. Code Ann. § 61-13-9 Documentation of use of airplanes.

The Department of Finance and Administration shall require of all planes operated under the provisions of this chapter an accounting on forms furnished by the Department of Finance and Administration, which shall show among other things the trips made, names of passengers carried, date of beginning and termination of trips, miles traveled, stops made, fuel consumed and cost per hour of operation.

Miss. Code Ann. § 61-13-11 Allocation of cost of operation of airplanes to state departments, institutions or agencies.

Whenever the Department of Finance and Administration under the direction of the Governor’s office makes an airplane or airplanes available to some department, institution or agency of the State of Mississippi, the actual cost for the operation thereof during the time the aforesaid airplane is so assigned shall be charged to and paid for by the aforesaid department, institution or agency into the special fund set up in Section 61-13-17 for the operation of such airplanes, except planes used by the Governor and Lieutenant Governor.

Miss. Code Ann. § 61-13-13 Purchase of insurance.

The Department of Finance and Administration is hereby authorized to obtain adequate comprehensive insurance coverage for each of such airplanes as may be purchased or operated under the provisions of this chapter and any other insurance deemed necessary by the Executive Director of the Department of Finance and Administration. The purchase of such insurance shall be on a bid basis in accordance with generally accepted practice for insurance purchases by departments of state government.

Miss. Code Ann. § 61-13-15 Sale of surplus airplanes and disposition of proceeds; sale of airplanes purchased prior to July 1, 1986.

Any airplane purchased or operated under the provisions of this chapter which becomes surplus to the needs of the state may be sold by the Department of Finance and Administration upon the receipt of not less than three (3) sealed bids after three (3) public advertisements inviting such bids in some newspaper published in the State of Mississippi and having general circulation therein. The Department of Finance and Administration, may reject any or all bids and readvertise, in its discretion. The sums derived from such sale shall be placed in the special fund as established by Section 61-13-17 for the operation of airplanes purchased and operated under the provisions of this chapter. The Department of Finance and Administration shall proceed to sell one or more of the aircraft purchased prior to July 1, 1986, pursuant to this chapter. The sale of such aircraft pursuant to this subsection shall be subject to the bid requirements of subsection (1). It is the intent of the Legislature that the sale of such aircraft shall be timed to produce the maximum revenues at sale.

Miss. Code Ann. § 61-13-17 Payment of costs and expenses; disposition of proceeds of sale of aircraft.

There is hereby created a special fund in the State Treasury out of which all costs and expenses incurred pursuant to this chapter shall be paid. All salaries, allocations and charges for the cost of operating, repairing and servicing the airplanes shall be paid from this fund. The Legislature shall appropriate the necessary funds to carry out the purposes of this chapter. The Department of Finance and Administration shall disburse over his signature all funds expended for carrying out the provisions of this chapter. Any monies in such fund which have been allocated for the operation, maintenance and repair of an aircraft which has been disposed of pursuant to Section 61-13-15 shall be transferred to the State General Fund.

Miss. Code Ann. § 61-13-19 Penalties for violations of chapter.

Any violation of the provisions of this chapter shall be punishable upon conviction by a fine of not to exceed five hundred dollars ($500.00).

Miss. Code Ann. § 61-13-21 Transfer of certain powers of Adjutant General to Department of Finance and Administration.

It is the intent of “the Mississippi Executive Reorganization Act of 1989 [Laws, 1989, Chapter 544]” to transfer the powers of the Adjutant General, Military Department of the State of Mississippi, with regard to the purchase or lease, operation and maintenance of nonmilitary aircraft for use by the departments, agencies, boards and commissions, the Legislature, its officers and employees to the Department of Finance and Administration. The executive director may assign to appropriate divisions such powers and duties as he deems appropriate to carry out the lawful functions of the department. The transfer shall include, but is not limited to, all aircraft, support equipment, tools, vehicles, hangars and other items associated with the operation of state aircraft. The affected agencies shall transfer complete title of the transferred items. The provisions of “the Mississippi Executive Reorganization Act of 1989 [Laws, 1989, Chapter 544]” do not apply to military aircraft activities or to aircraft owned and operated by the various educational institutions for educational purposes, except that the planes owned and operated by the various educational institutions may be subject to the provisions of Section 61-13-15(2), Mississippi Code of 1972, at the discretion of the Department of Finance and Administration.

Miss. Code Ann. § 61-13-23 Maintenance and pilot proficiency requirements; maintenance of policy manual and records of aircraft operations; availability of aircraft for emergency use.

Upon July 1, 1989, all state aircraft activity, except those excluded by Section 61-13-7, Mississippi Code of 1972, shall adhere to the maintenance and pilot proficiency requirements as established by either the Federal Aviation Administration or the Department of Finance and Administration. A policy manual and records of all aircraft operations shall be maintained by the department. All state aircraft shall be on call for emergency use, as determined by the Executive Director of the Department of Finance and Administration.

Miss. Code Ann. § 61-13-25 Powers and duties of Department of Finance and Administration.

The Department of Finance and Administration shall have the following powers, duties and functions with regard to state aircraft operations: To administer, maintain and schedule a comprehensive program of management of state aviation activities; To maintain a record of all flights made by state aircraft; To initiate and maintain a pilot proficiency training program; To establish priorities concerning the use of state aircraft; To prepare and maintain a policy/procedure manual in order to standardize all state aviation activities; To reassign state aircraft, when needed, that are under the control of the department. The agency to which the aircraft is assigned shall pay the operating cost.