Mississippi Code 1972 (2023) › Title 27 - TAXATION AND FINANCE (§§ 27-1-1 — 27-117-15) › Chapter 104 - STATE FISCAL AFFAIRS (§§ 27-104-1 — 27-104-373) › DEPARTMENT OF FINANCE AND ADMINISTRATION (§§ 27-104-101 — 27-104-111) › Section 27-104-103 - Duties and powers of department; funding of agency expenses; deposit of monies into State General Fund

(1)
The Department of Finance and Administration shall have the following duties and powers:
(a)
To provide administrative guidance to the various departments and agencies of state government;
(b)
To facilitate the expedient delivery of services and programs for the benefit of the citizens of the state;
(c)
To analyze and develop efficient management practices and assist departments and agencies in implementing effective and efficient work management systems;
(d)
To conduct management review of state agencies and departments and recommend a management plan to state departments and agencies when corrective action is required;
(e)
To, at least annually, report to the Governor and the Legislature on programs and actions taken to improve the conduct of state operations and to prepare and recommend management programs for effective and efficient management of the operations of state government;
(f)
To allocate the federal-state programs funds to the departments responsible for the delivery of the programs and services for which the appropriation was made;
(g)
To coordinate the planning functions of all agencies in the executive branch of government and review any and all plans which are developed by those agencies and departments;
(h)
To collect and maintain the necessary data on which to base budget and policy development issues;
(i)
To develop and analyze policy recommendations to the Governor;
(j)
To develop and manage the executive budget process;
(k)
To prepare the executive branch budget recommendations;
(l)
To review and monitor the expenditures of the executive agencies and departments of government;
(m)
To manage the state's fiscal affairs;
(n)
To administer programs relating to general services, public procurement, insurance and the Bond Advisory Division;
(o)
To administer the state's aircraft operation.
(2)
The department shall have the following additional powers and duties under Chapter 18 of Title 17:
(a)
It shall acquire the site submitted by the Mississippi Hazardous Waste Facility Siting Authority and, if determined necessary, design, finance, construct and operate a state commercial hazardous waste management facility;
(b)
It may acquire by deed, purchase, lease, contract, gift, devise or otherwise any real or personal property, structures, rights-of-way, franchises, easements and other interest in land which is necessary and convenient for the construction or operation of the state commercial hazardous waste management facility, upon such terms and conditions as it deems advisable, hold, mortgage, pledge or otherwise encumber the same, and lease, sell, convey or otherwise dispose of the same in such a manner as may be necessary or advisable to carry out the purposes of Chapter 18 of Title 17;
(c)
It shall develop and implement, in consultation with the Department of Environmental Quality, schedules of user fees, franchise fees and other charges, including nonregulatory penalties and surcharges applicable to the state commercial hazardous waste management facility;
(d)
It may employ consultants and contractors to provide services including site acquisition, design, construction, operation, closure, post-closure and perpetual care of the state commercial hazardous waste management facility;
(e)
It may apply for and accept loans, grants and gifts from any federal or state agency or any political subdivision or any private or public organization;
(f)
It shall make plans, surveys, studies and investigations as may be necessary or desirable with respect to the acquisition, development and use of real property and the design, construction, operation, closure and long-term care of the state commercial hazardous waste management facility;
(g)
It shall have the authority to preempt any local ordinance or restriction which prohibits or has the effect of prohibiting the establishment or operation of the state commercial hazardous waste management facility;
(h)
It may negotiate any agreement for site acquisition, design, construction, operation, closure, post-closure and perpetual care of the state commercial hazardous waste management facility and may negotiate any agreement with any local governmental unit pursuant to Chapter 18 of Title 17;
(i)
It may promulgate rules and regulations necessary to effectuate the purposes of Chapter 18 of Title 17 not inconsistent therewith;
(j)
If funds are not appropriated or if the appropriated funds are insufficient to carry out the provisions of Chapter 18 of Title 17, the department shall expend any funds available to it from any source to defray its costs to implement Chapter 18 of Title 17 through February 1, 1991;
(k)
To carry out such duties and responsibilities assigned to it by the Public Procurement Review Board as provided in Section
27-104-7(2)(f)
;
(l)
[Repealed 6/30/2027]
To establish, with the approval of the Public Procurement Review Board, rules and regulations that prohibit agencies from requiring that a vendor be located in the same municipality or surrounding area as the agency. Such rules and regulations shall further prohibit agencies from giving preference to any vendor based on location. Such rules and regulations shall provide that a winning bidder without a local office shall be given a reasonable opportunity to open an office in Mississippi when such local office is necessary to deliver the relevant services.
The provisions of this paragraph (l) shall stand repealed on June 30, 2027.
(3)
From and after July 1, 2016, the expenses of the Department of Finance and Administration shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under law such as rents, MAGIC fees, and other fees for services shall be deposited into the State General Fund as authorized by law.
(4)
From and after July 1, 2016, the Department of Finance and Administration shall not charge another state agency a fee, assessment, rent or other charge for services or resources received by that state agency from the department.
Laws, 1989, ch. 544, § 12; Laws, 1990, ch. 506, § 5, eff. 3/31/1990.
Amended by Laws, 2023, ch. 426, HB 540,§ 2, eff. 7/1/2023.
Amended by Laws, 2016, ch. 459, SB 2362, 70, eff. 7/1/2016.