MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Education; Universities and Colleges

By: Senator(s) Ferris

AN ACT TO AMEND SECTION 43-55-5, MISSISSIPPI CODE OF 1972, TO INCLUDE A MEMBER OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING ON THE STATE COMMISSION FOR VOLUNTEER SERVICE AND TO DELETE CERTAIN CONDITIONS ON APPOINTMENTS TO THE COMMISSION; TO AMEND SECTION 43-55-23, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR SUPPORT SERVICES FOR THE COMMISSION AND TO DIRECT THE COMMISSION TO SUBMIT ITS BUDGET THROUGH THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING; TO REPEAL SECTION 43-55-27, MISSISSIPPI CODE OF 1972, WHICH PROVIDES AN AUTOMATIC REPEALER ON THE STATUTES ESTABLISHING AND EMPOWERING THE STATE COMMISSION ON VOLUNTEER SERVICE; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 43-55-5, Mississippi Code of 1972, is amended as follows:

43-55-5. (1) Members of the Commission for Volunteer Service shall be appointed by the Governor. The commission shall consist of no fewer than fifteen (15) and no more than twenty-five (25) members.

(2) The commission members shall include as voting members, except as otherwise indicated, at least one (1) of each of the following:

(a) An individual with expertise in the educational, training, and developmental needs of youth, particularly disadvantaged youth.

(b) An individual with experience in promoting service and volunteerism among older adults.

(c) A representative of a community-based agency.

(d) The superintendent of the State Department of Education, or his or her designee.

(e) A representative of local government.

(f) A representative of local labor organizations.

(g) A representative of business.

(h) An individual between the ages of sixteen (16) and twenty-five (25) who is a participant or supervisor in a program as defined in Section 101 of Title I, 42 U.S.C. 12511.

(i) A representative of a national service program described in Section 122(a) of Title I, 42 U.S.C. 12572.

(j) The employee of the corporation designated under Section 195 of Title I, 42 U.S.C. 12651f, as the representative of the corporation in this state, as a nonvoting member.

(k) A member of the Board of Trustees of State Institutions of Higher Learning.

(3) In addition to the members described in subsection (2), the commission may include as voting members any of the following:

(a) Local educators.

(b) Experts in the delivery of human, educational, environmental, or public safety services to communities and persons.

(c) Representative of Native American tribes.

(d) Out-of-school youth or other at-risk youth.

(e) Representatives of entities that receive assistance under the Domestic Volunteer Service Act of 1973, Public Law 93-113, 87 Stat. 394.

(4) Not more than twenty-five percent (25%) of the voting commission members shall be officers or employees of this state. The Governor may appoint additional officers or employees of state agencies operating community service, youth service, education, social service, senior service, and job training programs, as nonvoting, ex officio members of the commission.

(5) The Governor shall ensure, to the maximum extent possible, that the commission membership is diverse with respect to race, ethnicity, age, gender, and disability characteristics. * * *

(6) Except as provided in this subsection, members of the commission shall serve for staggered three-year terms expiring on October 1. The members constituting the Mississippi Commission for Volunteer Service under Executive Order No. 1994-742 on the day before the effective date of this act shall serve on the commission for the remainder of the terms for which they were appointed. Of the additional members, the Governor shall appoint one-third (1/3) of the initial members for a term of one (1) year; one-third for a term of two (2) years; and one-third (1/3) for a term of three (3) years. Following expiration of these initial terms, all appointments shall be for three-year renewable terms. Members of the commission may not serve more than two (2) consecutive terms.

(7) A vacancy on the commission shall be filled in the same manner as the original appointments, and any member so appointed shall serve during the remainder of the term for which the vacancy occurred. The vacancy shall not affect the power of the remaining commission members to execute the duties of the commission.

SECTION 2. Section 43-55-23, Mississippi Code of 1972, is amended as follows:

43-55-23. (1) The institutions of higher learning and the Office of the Governor shall provide necessary administrative and staff support services to the State Commission for Volunteer Service. The commission shall employ an executive director, who shall be initially designated by the Governor. The executive director shall employ such staff as is necessary to carry out the provisions of this act. Future executive directors shall be selected by the commission. Additional support services may be provided, including, but not limited to, the use of office space, furniture and equipment, motor vehicles, travel and other related services.

(2) The commission may procure information and assistance from the state or any subdivision, municipal corporation, public officer, or governmental department or agency thereof. All agencies, officers, and political subdivisions of the state or municipal corporations shall provide the office with all relevant information and reasonable assistance on any matters of research within their knowledge or control.

(3) The commission may apply for, receive, and expend funds, grants, and services from local, state, or federal government, or any of their agencies, or any other public or private sources and is authorized to use funds derived from these sources for purposes reasonable and necessary to carry out the purposes of this act.

(4) The commission shall submit its budget request through the Board of Trustees of State Institutions of Higher Learning. Such request will be submitted by the board of trustees as a separate and distinct request made on behalf of the commission.

SECTION 3. Section 43-55-27, Mississippi Code of 1972, which provides an automatic repealer on the statutes establishing and empowering the State Commission on Volunteer Service, is hereby repealed.

SECTION 4. This act shall take effect and be in force from and after July 1, 1997.