Bill Text: MS HB1199 | 2016 | Regular Session | Introduced

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Bill Title: Independent State Agency Appeal Board; create.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2016-02-23 - Died In Committee [HB1199 Detail]

Download: Mississippi-2016-HB1199-Introduced.html

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MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Accountability, Efficiency,Transparency; Revenue and Expenditure General Bills

By: Representative Banks

House Bill 1199

AN ACT TO CREATE THE INDEPENDENT STATE AGENCY APPEAL BOARD; TO PROVIDE THE PURPOSE OF THE BOARD; TO PROVIDE THAT THE BOARD MAY BE USED BY A PERSON WHO FILES A COMPLAINT AGAINST A STATE AGENCY; TO PROVIDE THE MEMBERSHIP OF THE BOARD; TO PROVIDE THE DUTIES OF THE BOARD; TO PROVIDE THAT ENTITIES SHALL COOPERATE WITH THE BOARD; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  There is created the Independent State Agency Appeal Board.  The purpose of the board is to receive complaints filed against any of the state agencies in the State of Mississippi and make a determination regarding those complaints.  Nothing in this act shall prevent a person or entity filing a complaint against a state agency from filing the complaint in the appropriate chancery or circuit clerk, whether in conjunction with the board filing or as the only filing of the complaint.  Additionally, filing a complaint as provided in this act shall not be in conflict with any other appeals procedure, complaint proceeding or other process that is currently authorized by law.  The Independent State Agency Appeal Board provides an extra layer of review for a person or entity who has a grievance with a state agency and wants the issue arising out of the grievance heard by an independent body. 

       (2)  The Independent State Agency Appeal Board shall be comprised of the following five (5) members:

          (a)  The Executive Director of the Department of Finance and Administration, or his or her designee;

          (b)  The Director of the Joint Committee on Performance Evaluation and Expenditure Review, or his or her designee;

          (c)  The Chairperson of the Personal Service Contract Review Board, or his or her designee;

          (d)  One (1) individual from the Attorney General's Office; and

          (e)  One (1) individual appointed by the Governor.

     (3)  The Independent State Agency Appeal Board shall have the following duties: 

          (a)  To perform a nonbiased review of any complaint filed by a person or entity against a state agency;

          (b)  To review the evidence presented in the complaint to determine its factual basis;

          (c)  To collect information from the state agency against which the complaint has been filed to gather the relevant information regarding the issue in the complaint;

          (d)  To hold a hearing, if the board deems necessary, to hear each party's arguments; and

          (e)  To make a decision regarding the complaint so filed and direct the parties to comply accordingly.

     (4)  In making its decisions, the Independent State Agency Appeal Board may seek input from all branches of state and local government, governmental agencies, businesses and nonprofit organizations throughout this state as is necessary for proper review.

     (5)  Notwithstanding any provisions of the laws of the State of Mississippi to the contrary, the state agencies of Mississippi should cooperate with the Independent State Agency Appeal Board.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2016.