Bill Text: MS SB2248 | 2017 | Regular Session | Introduced
Bill Title: Agency legal staff; authorize to hire or retain.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2017-01-31 - Died In Committee [SB2248 Detail]
Download: Mississippi-2017-SB2248-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Accountability, Efficiency, Transparency; Appropriations
By: Senator(s) Tindell
Senate Bill 2248
AN ACT TO AMEND SECTIONS 7-5-1 AND 7-5-39, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY OF THE ATTORNEY GENERAL TO REPRESENT STATE AGENCIES; TO AMEND SECTION 7-5-49, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY OF THE ATTORNEY GENERAL TO REPRESENT THE PUBLIC SERVICE COMMISSION; TO AMEND SECTION 7-5-51, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY OF THE ATTORNEY GENERAL TO REPRESENT THE DEPARTMENT OF REVENUE AND PUBLIC SERVICE COMMISSION; TO AMEND SECTION 7-7-211, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY OF THE ATTORNEY GENERAL TO REPRESENT THE STATE AUDITOR; TO AMEND SECTION 49-2-21, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY OF THE ATTORNEY GENERAL TO REPRESENT THE DEPARTMENT OF ENVIRONMENTAL QUALITY; TO AMEND SECTION 49-4-21, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY OF THE ATTORNEY GENERAL TO REPRESENT THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS; TO AMEND SECTION 49-15-15, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY OF THE ATTORNEY GENERAL TO REPRESENT THE DEPARTMENT OF MARINE RESOURCES AND COMMISSION ON MARINE RESOURCES; TO BRING FORWARD SECTION 69-1-14, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; TO AMEND SECTIONS 75-76-23 AND 75-76-25, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY OF THE ATTORNEY GENERAL TO REPRESENT THE GAMING COMMISSION; TO AMEND SECTION 83-1-5, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY OF THE ATTORNEY GENERAL TO REPRESENT THE INSURANCE COMMISSIONER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 7-5-1, Mississippi Code of 1972, is amended as follows:
7-5-1. The Attorney General provided for by Section 173 of the Mississippi Constitution shall be elected at the same time and in the same manner as the Governor is elected. His term of office shall be four (4) years and his compensation shall be fixed by the Legislature. He shall be the chief legal officer and advisor for the state, both civil and criminal, unless otherwise provided by law, and is charged with managing all litigation on behalf of the state, except as otherwise specifically provided by law. No arm or agency of the state government shall bring or defend a suit against another arm or agency without prior written approval of the Attorney General. He shall have the powers of the Attorney General at common law and, except as otherwise provided by law, is given the sole power to bring or defend a lawsuit on behalf of a state agency, the subject matter of which is of statewide interest. He shall intervene and argue the constitutionality of any statute when notified of a challenge thereto, pursuant to the Mississippi Rules of Civil Procedure. His qualifications for office shall be as provided for chancery and circuit judges in Section 154 of the Mississippi Constitution.
SECTION 2. Section 7-5-39, Mississippi Code of 1972, is amended as follows:
7-5-39. (1) Except as otherwise provided by law or expressly provided by statute, the Attorney General shall represent the state, in person or by his assistant, as counsel in all suits against the state in other courts or the Supreme Court at the seat of government, and he shall, in like manner, act as counsel for any of the state officers in suits brought by or against them in their official capacity, touching any official duty or trust.
(2) No civil legal action on behalf of the state, any arm or agency of the state, or any statewide elected officer acting in his official capacity may be taken until seven (7) working days' written notice of the proposed legal action is given to the statewide elected officer or proper person in charge of the arm or agency unless irreparable injury to the state would result by waiting for the expiration of the seven-day period.
(3) (a) The Attorney General shall authorize retention of independent counsel from outside his office by an arm or agency of the state or a statewide elected officer acting in his official capacity if the Attorney General declines representation when requested.
(b) (i) The Attorney General shall authorize retention of independent counsel from outside his office by an arm or agency of the state or a statewide elected officer acting in his official capacity and shall withdraw from representation of the arm or agency of the state or the statewide elected officer if there is a significant disagreement with the Attorney General as to the legal strategy to be used in the matter, and the Outside Counsel Oversight Commission has first approved the retention of outside counsel.
(ii) If an arm or agency of the state or statewide elected officer acting in his official capacity retains outside counsel under this subsection (3), the counsel shall be selected by the arm or agency of the state or the statewide elected officer. Fees of counsel employed on a fee basis shall not exceed recognized bar rates for similar services; any contract for outside counsel employed on a contingency fee basis shall conform to the provisions of Section 7-5-8.
(4) The Attorney General may pursue the collection of any claim or judgment in favor of the state outside of the state.
SECTION 3. Section 7-5-49, Mississippi Code of 1972, is amended as follows:
7-5-49. * * *
The Public Service Commission * * * shall hire legal staff or retain
outside counsel to assist and advise the said Public Service Commission in
all matters affecting its power and duties relative to the supervision of common
carriers in this state.
SECTION 4. Section 7-5-51, Mississippi Code of 1972, is amended as follows:
7-5-51. The * * * Department of Revenue
and the Public Service Commission shall hire legal staff or retain
outside counsel to institute or defend any suits arising out of any act or
order entered affecting the laws and revenues of the state.
SECTION 5. Section 7-7-211, Mississippi Code of 1972, is amended as follows:
7-7-211. The department shall have the power and it shall be its duty:
(a) To identify and define for all public offices of the state and its subdivisions generally accepted accounting principles or other accounting principles as promulgated by nationally recognized professional organizations and to consult with the State Fiscal Officer in the prescription and implementation of accounting rules and regulations;
(b) To provide best practices, for all public offices of regional and local subdivisions of the state, systems of accounting, budgeting and reporting financial facts relating to said offices in conformity with legal requirements and with generally accepted accounting principles or other accounting principles as promulgated by nationally recognized professional organizations; to assist such subdivisions in need of assistance in the installation of such systems; to revise such systems when deemed necessary, and to report to the Legislature at periodic times the extent to which each office is maintaining such systems, along with such recommendations to the Legislature for improvement as seem desirable;
(c) To study and analyze existing managerial policies, methods, procedures, duties and services of the various state departments and institutions upon written request of the Governor, the Legislature or any committee or other body empowered by the Legislature to make such request to determine whether and where operations can be eliminated, combined, simplified and improved;
(d) To postaudit each year and, when deemed necessary, preaudit and investigate the financial affairs of the departments, institutions, boards, commissions, or other agencies of state government, as part of the publication of a comprehensive annual financial report for the State of Mississippi, or as deemed necessary by the State Auditor. In complying with the requirements of this paragraph, the department shall have the authority to conduct all necessary audit procedures on an interim and year-end basis;
(e) To postaudit and, when deemed necessary, preaudit and investigate separately the financial affairs of (i) the offices, boards and commissions of county governments and any departments and institutions thereof and therein; (ii) public school districts, departments of education and junior college districts; and (iii) any other local offices or agencies which share revenues derived from taxes or fees imposed by the State Legislature or receive grants from revenues collected by governmental divisions of the state; the cost of such audits, investigations or other services to be paid as follows: Such part shall be paid by the state from appropriations made by the Legislature for the operation of the State Department of Audit as may exceed the sum of Thirty-five Dollars ($35.00) per man-hour for the services of each staff person engaged in performing the audit or other service plus the actual cost of any independent specialist firm contracted by the State Auditor to assist in the performance of the audit, which sum shall be paid by the county, district, department, institution or other agency audited out of its general fund or any other available funds from which such payment is not prohibited by law. Costs paid for independent specialists or firms contracted by the State Auditor shall be paid by the audited entity through the State Auditor to the specialist or firm conducting the postaudit.
Each school district in the state shall have its financial records audited annually, at the end of each fiscal year, either by the State Auditor or by a certified public accountant approved by the State Auditor. Beginning with the audits of fiscal year 2010 activity, no certified public accountant shall be selected to perform the annual audit of a school district who has audited that district for three (3) or more consecutive years previously. Certified public accountants shall be selected in a manner determined by the State Auditor. The school district shall have the responsibility to pay for the audit, including the review by the State Auditor of audits performed by certified public accountants;
(f) To postaudit and, when deemed necessary, preaudit and investigate the financial affairs of the levee boards; agencies created by the Legislature or by executive order of the Governor; profit or nonprofit business entities administering programs financed by funds flowing through the State Treasury or through any of the agencies of the state, or its subdivisions; and all other public bodies supported by funds derived in part or wholly from public funds, except municipalities which annually submit an audit prepared by a qualified certified public accountant using methods and procedures prescribed by the department;
(g) To make written
demand, when necessary, for the recovery of any amounts representing public
funds improperly withheld, misappropriated and/or otherwise illegally expended
by an officer, employee or administrative body of any state, county or other
public office, and/or for the recovery of the value of any public property
disposed of in an unlawful manner by a public officer, employee or
administrative body, such demands to be made (i) upon the person or persons
liable for such amounts and upon the surety on official bond thereof, and/or
(ii) upon any individual, partnership, corporation or association to whom the
illegal expenditure was made or with whom the unlawful disposition of public
property was made, if such individual, partnership, corporation or association
knew or had reason to know through the exercising of reasonable diligence that
the expenditure was illegal or the disposition unlawful. Such demand shall be
premised on competent evidence, which shall include at least one (1) of the
following: (i) sworn statements, (ii) written documentation, (iii) physical
evidence, or (iv) reports and findings of government or other law enforcement
agencies. Other provisions notwithstanding, a demand letter issued pursuant to
this paragraph shall remain confidential
by the State Auditor until the individual against whom the demand letter is
being filed has been served with a copy of such demand letter. If, however,
such individual cannot be notified within fifteen (15) days using reasonable means
and due diligence, such notification shall be made to the individual's bonding
company, if he or she is bonded. Each such demand shall be paid into the
proper treasury of the state, county or other public body through the office of
the department in the amount demanded within thirty (30) days from the date
thereof, together with interest thereon in the sum of one percent (1%) per
month from the date such amount or amounts were improperly withheld,
misappropriated and/or otherwise illegally expended. In the event, however,
such person or persons or such surety shall refuse, neglect or otherwise fail
to pay the amount demanded and the interest due thereon within the allotted
thirty (30) days, the State Auditor shall have the authority and it shall be his
duty to institute suit, and the * * * State Auditor shall
hire legal staff or retain outside counsel to prosecute the same in any
court of the state to the end that there shall be recovered the total of such
amounts from the person or persons and surety on official bond named therein;
and the amounts so recovered shall be paid into the proper treasury of the
state, county or other public body through the State Auditor. In any case
where written demand is issued to a surety on the official bond of such person
or persons and the surety refuses, neglects or otherwise fails within one
hundred twenty (120) days to either pay the amount demanded and the interest
due thereon or to give the State Auditor a written response with specific reasons
for nonpayment, then the surety shall be subject to a civil penalty in an
amount of twelve percent (12%) of the bond, not to exceed Ten Thousand Dollars
($10,000.00), to be deposited into the State General Fund;
(h) To investigate any alleged or suspected violation of the laws of the state by any officer or employee of the state, county or other public office in the purchase, sale or the use of any supplies, services, equipment or other property belonging thereto; and in such investigation to do any and all things necessary to procure evidence sufficient either to prove or disprove the existence of such alleged or suspected violations. The Department of Investigation of the State Department of Audit may investigate, for the purpose of prosecution, any suspected criminal violation of the provisions of this chapter. For the purpose of administration and enforcement of this chapter, the enforcement employees of the Department of Investigation of the State Department of Audit have the powers of a law enforcement officer of this state, and shall be empowered to make arrests and to serve and execute search warrants and other valid legal process anywhere within the State of Mississippi. All enforcement employees of the Department of Investigation of the State Department of Audit hired on or after July 1, 1993, shall be required to complete the Law Enforcement Officers Training Program and shall meet the standards of the program;
(i) To issue subpoenas, with the approval of, and returnable to, a judge of a chancery or circuit court, in termtime or in vacation, to examine the records, documents or other evidence of persons, firms, corporations or any other entities insofar as such records, documents or other evidence relate to dealings with any state, county or other public entity. The circuit or chancery judge must serve the county in which the records, documents or other evidence is located; or where all or part of the transaction or transactions occurred which are the subject of the subpoena;
(j) In any instances in which the State Auditor is or shall be authorized or required to examine or audit, whether preaudit or postaudit, any books, ledgers, accounts or other records of the affairs of any public hospital owned or owned and operated by one or more political subdivisions or parts thereof or any combination thereof, or any school district, including activity funds thereof, it shall be sufficient compliance therewith, in the discretion of the State Auditor, that such examination or audit be made from the report of any audit or other examination certified by a certified public accountant and prepared by or under the supervision of such certified public accountant. Such audits shall be made in accordance with generally accepted standards of auditing, with the use of an audit program prepared by the State Auditor, and final reports of such audits shall conform to the format prescribed by the State Auditor. All files, working papers, notes, correspondence and all other data compiled during the course of the audit shall be available, without cost, to the State Auditor for examination and abstracting during the normal business hours of any business day. The expense of such certified reports shall be borne by the respective hospital, or any available school district funds other than minimum program funds, subject to examination or audit. The State Auditor shall not be bound by such certified reports and may, in his or their discretion, conduct such examination or audit from the books, ledgers, accounts or other records involved as may be appropriate and authorized by law;
(k) The State Auditor shall have the authority to contract with qualified public accounting firms to perform selected audits required in paragraphs (d), (e), (f) and (j) of this section, if funds are made available for such contracts by the Legislature, or if funds are available from the governmental entity covered by paragraphs (d), (e), (f) and (j). Such audits shall be made in accordance with generally accepted standards of auditing. All files, working papers, notes, correspondence and all other data compiled during the course of the audit shall be available, without cost, to the State Auditor for examination and abstracting during the normal business hours of any business day;
(l) The State Auditor shall have the authority to establish training courses and programs for the personnel of the various state and local governmental entities under the jurisdiction of the Office of the State Auditor. The training courses and programs shall include, but not be limited to, topics on internal control of funds, property and equipment control and inventory, governmental accounting and financial reporting, and internal auditing. The State Auditor is authorized to charge a fee from the participants of these courses and programs, which fee shall be deposited into the Department of Audit Special Fund. State and local governmental entities are authorized to pay such fee and any travel expenses out of their general funds or any other available funds from which such payment is not prohibited by law;
(m) Upon written request by the Governor or any member of the State Legislature, the State Auditor may audit any state funds and/or state and federal funds received by any nonprofit corporation incorporated under the laws of this state;
(n) To conduct performance audits of personal or professional service contracts by state agencies on a random sampling basis, or upon request of the State Personal Service Contract Review Board under Section 25-9-120(3); and
(o) At the discretion of the State Auditor, the Auditor may conduct risk assessments, as well as performance and compliance audits based on Generally Accepted Government Auditing Standards (GAGAS) of any state-funded economic development program authorized under Title 57, Mississippi Code of 1972. After risk assessments or program audits, the State Auditor may conduct audits of those projects deemed high-risk, specifically as they identify any potential wrongdoing or noncompliance based on objectives of the economic development program. The Auditor is granted authority to gather, audit and review data and information from the Mississippi Development Authority or any of its agents, the Department of Revenue, and when necessary under this paragraph, the recipient business or businesses or any other private, public or nonprofit entity with information relevant to the audit project. The maximum amount the State Auditor may bill the oversight agency under this paragraph in any fiscal year is One Hundred Thousand Dollars ($100,000.00), based on reasonable and necessary expenses.
SECTION 6. Section 49-2-21, Mississippi Code of 1972, is amended as follows:
49-2-21. The * * * Department of Environmental Quality * * * shall * * * hire or retain such legal
services as may be * * *
necessary from time to time * * *. The executive director is
hereby authorized to employ such legal counsel as may be necessary or
appropriate for the operation of the department.
SECTION 7. Section 49-4-21, Mississippi Code of 1972, is amended as follows:
49-4-21. The * * *
commission and Department of Wildlife, Fisheries and Parks * * * shall hire legal staff or retain outside
counsel * * * for the commission and the department in all
actions, proceedings and hearings * * * to
be legal advisor of the commission and the department in all matters relating
to the commission and the department and to the powers and duties of its
officers.
SECTION 8. Section 49-15-15, Mississippi Code of 1972, is amended as follows:
49-15-15. (1) In addition to any other powers and duties authorized by law, the commission shall have the following powers and duties regarding the regulation of seafood:
(a) To exercise full jurisdiction and authority over all marine aquatic life and to regulate any matters pertaining to seafood, including cultivated seafood;
(b) To adopt, promulgate, amend or repeal, after due notice and public hearing, in accordance with the Mississippi Administrative Procedures Law and subject to the limitations in subsection (2) of this section, rules and regulations authorized under this chapter, including, but not limited to, rules and regulations necessary for the protection, conservation or propagation of all seafood in the waters under the territorial jurisdiction of the State of Mississippi and for the regulation of gill net and purse seine fishermen. All public hearings under this chapter concerning the regulation of marine resources shall be held in Hancock, Harrison or Jackson Counties. Each rule or regulation promulgated under this chapter shall immediately be advertised one (1) time in a newspaper or newspapers having general circulation in counties affected by that regulation. A regulation shall become effective at 6:00 a.m. on the day after its publication;
(c) To regulate all seafood sanitation and processing programs. In the three (3) coastal counties, the sanitation program regulating processing plants and seafood sold in retail stores operating in conjunction with a processing plant or seafood market that primarily deals with seafood is under the exclusive authority of the commission. The commission may also inspect and regulate those areas of any seafood processing plant which process freshwater species at any site where the department inspects seafood processing plants. To effectively and efficiently implement the state seafood sanitation program, the State Health Officer, the Commissioner of Agriculture and the executive director of the department may enter into a memorandum of understanding, which at a minimum, clearly specifies the responsibilities of each agency in implementing the seafood sanitation program, as well as the sharing of information and communication and coordination between the agencies;
(d) To set standards of measure;
(e) To set requirements for employment of commission employees whose compensation shall be governed by the rules and regulations of the State Personnel Board;
(f) To acquire and dispose of commission equipment and facilities;
(g) To keep proper records of the commission, including an official ordinance book which contains all rules and regulations promulgated by the commission under this chapter;
(h) To enter into advantageous interstate and intrastate agreements with proper officials, which directly or indirectly result in the protection, propagation and conservation of the seafood of the State of Mississippi, or continue any such agreements now in existence;
(i) To arrange, negotiate or contract for the use of available federal, state and local facilities which would aid in the propagation, protection and conservation of the seafood of the State of Mississippi;
(j) To authorize the operation of double rigs in the waters lying between the mainland coast and the island chain, and those rigs shall not exceed a length of twenty-five (25) feet at the corkline, and to prescribe the length at the lead line for each rig, net or try-trawl;
(k) To destroy or dispose of equipment or nets which have been lawfully seized by the commission and which are not sold under Section 49-15-201 et seq.;
(l) To open, close and regulate fishing seasons for the taking of shrimp, oysters, fish taken for commercial purposes and crabs and set size, catching and taking regulations for all types of seafood and culling regulations for oysters, except as otherwise specifically provided by law;
(m) To utilize the resources of the Gulf Coast Research Laboratory to the fullest extent possible;
(n) To develop a resource management plan to preserve seafood resources and to ensure a safe supply of these resources;
(o) To prescribe types and forms of scientific permits for public educational or scientific institutions, federal and state agencies and consultants performing marine resource studies;
(p) To suspend the issuance of licenses when necessary to impose a moratorium to conserve a fishery resource;
(q) To promote,
construct, monitor and maintain artificial fishing reefs in the marine waters
of the State of Mississippi and in adjacent federal waters; to accept grants
and donations of money or materials from public and private sources for such
reefs; to set permit fees and establish guidelines for the construction of
artificial reefs in federal waters; and to apply for any federal permits
necessary for the construction or maintenance of artificial fishing reefs in
federal waters. The location data associated with artificial reefs by
corporations and private individuals shall not be published by the commission
or the on the website or in written publications of the department. Location
data of the artificial reefs may be requested in writing by any individual and
shall be provided by the department in a timely manner; * * *
(r) To require, in
addition to other licensing requirements, the successful completion of
educational or training programs on shellfish sanitation as a prerequisite to
receiving commercial licenses authorized under this chapter in order to ensure
compliance with the Interstate Shellfish Sanitation Conference's educational
requirements for shellfish processors, dealers and harvesters by January 1,
2014 * * *;
and
(s) To hire legal staff or retain outside counsel to represent the commission and the department in all legal matters.
(2) The commission shall not adopt rules, regulations or ordinances pertaining to marine resources which are more stringent than federal regulations. In any case where federal laws and regulations are silent on a matter pertaining to marine resources, the laws and regulations of the State of Mississippi shall control. The commission shall review all marine resource ordinances for compliance with the no more stringent standard and revise any ordinances more stringent than this standard no later than December 31, 1992. This subsection shall not apply to rules, regulations or ordinances pertaining to the wild stock of marine fin fish.
SECTION 9. Section 69-1-14, Mississippi Code of 1972, is brought forward as follows:
69-1-14. (1) The Commissioner of Agriculture and Commerce is hereby authorized and empowered to employ an attorney to represent the Department of Agriculture and Commerce and to fix his compensation subject to the approval of the State Personnel Board. Said attorney shall be a full-time employee of the Department of Agriculture and Commerce and shall be furnished such office space and clerical assistance as shall be necessary. In addition to his duties with the Department of Agriculture and Commerce, said attorney shall represent the Board of Animal Health, the Mississippi State Fair Commission and the Mississippi Central Market Board. The salary and expenses of said attorney shall be paid from any funds available to the Department of Agriculture and Commerce, the Board of Animal Health, the Mississippi Fair Commission and the Mississippi Central Market Board in a ratio commensurate with the services provided by said attorney to each of the said agencies.
(2) The Department of Agriculture and Commerce, the Board of Animal Health, the Mississippi Fair Commission and the Mississippi Central Market Board are hereby authorized and empowered to expend such sums from any funds available for the purposes of paying the salary and expenses of the attorney provided for in subsection (1).
SECTION 10. Section 75-76-23, Mississippi Code of 1972, is amended as follows:
75-76-23. The executive director shall direct and supervise all administrative and technical activities of the commission in accordance with the provisions of this chapter and with the administrative procedures of and regulations adopted by the commission. It shall be the duty of the executive director to:
(a) Establish, and from time to time alter, such plan of organization as he may deem expedient;
(b) By agreement secure information and services as he deems necessary from any department, agency or unit of state government. Such agencies, departments or units of state government shall cooperate with the executive director and provide such information and services as may be required by the executive director to carry out his responsibilities;
(c) Make available for
inspection by any member of the commission, upon request, all books, records,
files and other information and documents of his office, and advise the
commission and recommend such administrative regulations and other matters he
deems necessary and advisable to improve the administration of this chapter; * * *
(d) Attend meetings of
the commission or appoint a designee to attend on his behalf * * *; and
(e) Hire legal staff or retain outside counsel to represent the commission.
SECTION 11. Section 75-76-25, Mississippi Code of 1972, is amended as follows:
75-76-25. * * * The legal staff or
outside counsel hired or retained under the authority of Section 75-76-23
shall represent the commission and the executive director in any proceeding to
which the commission or the executive director is a party under this chapter
and shall also advise the commission and the executive director in all other
matters, including representing the commission when the commission sits in a
quasi-judicial capacity.
SECTION 12. Section 83-1-5, Mississippi Code of 1972, is amended as follows:
83-1-5. The commissioner shall receive a compensation to be fixed by law. He is hereby authorized to employ a clerk and stenographer and an actuary at a salary to be fixed by law, as well as to hire legal staff or retain outside counsel; and in addition shall be allowed a sufficient sum for traveling expenses and for extra clerical help. To assist the commissioner in efficiently performing the official duties imposed upon him by law, he may employ suitable and competent persons who possess the professional skill and/or expert knowledge needed to fulfill these duties. The State Personnel Board, based upon its findings of fact, shall exempt these persons from the provisions of Section 25-3-39 when the acquisition of such professional services is precluded based on the prevailing wage in the relevant labor market, provided such compensation shall not, directly or indirectly, be in excess of the salary authorized to be paid to the deputy commissioner.
SECTION 13. This act shall take effect and be in force from and after July 1, 2017.
