MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Public Health and Welfare

By: Senator(s) Bean, Harden

AN ACT TO AMEND SECTION 43-3-103, MISSISSIPPI CODE OF 1972, TO CREATE A BOARD OF DIRECTORS OF THE MISSISSIPPI INDUSTRIES FOR THE BLIND AND PROVIDE FOR ITS MEMBERSHIP, TO TRANSFER THE POWERS AND DUTIES OF THE STATE BOARD OF REHABILITATION SERVICES RELATING TO GOVERNANCE OF THE MIB TO THE NEWLY CREATED BOARD OF DIRECTORS; TO PROVIDE FOR A LEGISLATIVE STUDY OF THE OPERATION OF MIB; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 43-3-103, Mississippi Code of 1972, is amended to read as follows:

43-3-103. (1) From and after July 1, 1997, the MIB shall be governed by a board of directors hereby created, to consist of four (4) persons appointed by the Governor, and three (3) by the Lieutenant Governor, with the advice and consent of the Senate, each of whom shall be a qualified elector of the State of Mississippi. The members of the board of directors appointed by the Governor shall include the following:

(a) One (1) legally blind individual;

(b) One (1) educator with expertise in rehabilitation or the field of blindness;

(c) One (1) individual with at least five (5) years' actual experience in finance or a related field;

(d) One (1) individual with at least five (5) years' actual experience in manufacturing or a related field.

The members of the board of directors appointed by the Lieutenant Governor shall include the following:

(a) One (1) legally blind individual;

(b) One (1) individual with at least five (5) years' actual experience in marketing or a related field; and

(c) One (1) Individual who is a licensed practicing attorney.

Initial appointments shall be made within sixty (60) days of enactment of this act. The Governor shall make initial appointments of two (2) members for two (2) years, one (1) member for three (3) years, and one (1) member for four (4) years to be designated at the time of appointment. The Lieutenant Governor shall make initial appointments of one (1) member for two (2) years, one (1) member for three (3) years, and one (1) member for four (4) years to be designated at the time of appointment. Thereafter, the terms of the members shall be for four (4) years and until their successors are appointed and qualified. In the event of a vacancy during the term of office of an incumbent, the appointing authority shall fill such vacancy, for the unexpired portion of the term, by appointing an individual having the same prerequisite qualifications as required for the vacancy being filled.

(2) The board of directors shall organize by selecting annually from its members a chairman and a vice-chairmen, and may do all things necessary and convenient for carrying into effect the provisions of this chapter. Each member of the board shall receive a per diem as provided in Section 25-3-69, Mississippi Code of 1972, plus travel and reasonable and necessary expenses incidental to the attendance at each meeting as provided in Section 25-3-41, including mileage.

(3) The Lieutenant Governor may designate the Chairman of the Senate Committee on Public Health and Welfare and another member of the Senate and the Speaker of the House of Representatives may designate the Chairman of the House Committee on Public Health and Welfare and another member of the House to attend any meeting of the Board of Directors of the MIB. The appointing authorities may designate alternate members from their respective houses to serve when the regular designees are unable to attend such meetings of the board. Such legislative designees shall have no jurisdiction or vote on any matter within the jurisdiction of the board. For attending meetings of the board, such legislators shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem and expenses for attending meetings of the board will be paid while the Legislature is in session. No per diem and expenses will be paid except for attending meetings of the board without prior approval of the proper committee in their respective houses.

(4) * * * It shall be the duty of the Board of Directors of MIB to:

(a) Appoint and employ an executive director who shall be the executive and administrative head of MIB and who shall serve at the pleasure of the board of directors. The Board of Directors of MIB shall set the compensation of the executive director, subject to the approval of the State Personnel Board.

(b) Make and publish policies, rules and regulations, not inconsistent with the terms of this chapter, as may be necessary for the efficient administration and operation of MIB.

(5) There is hereby created a joint study committee of the Senate and House of Representatives which shall develop a report to the Legislature and the Governor, with recommendations relating to the creation of a nonprofit corporation for the operation of MIB and its programs, including any matter relating to the future operation of the MIB. The joint committee shall report its findings and recommendations to the Legislature and the Governor on or before January 1, 1998, and upon the presentation of such report the joint committee shall be dissolved. The committee shall consist of the Chairman of the Senate Public Health and Welfare Committee; the Chairman of the House Public Health and Welfare Committee; four (4) members of the Senate appointed by the President of the Senate, one (1) of whom shall be the member of the oversight committee appointed under subsection (3); and four (4) members of the House of Representatives appointed by the Speaker of the House, one (1) of whom shall be the member of the oversight committee appointed under subsection (3). Appointments shall be made within thirty (30) days after the enactment of this act; and, within fifteen (15) days thereafter on a day to be designated jointly by the President of the Senate and the Speaker of the House, the committee shall meet and organize by selecting from its membership a chairman and a vice-chairman. The vice-chairman shall also serve as secretary and shall be responsible for keeping all records of the committee. A majority of the members of the committee shall constitute a quorum. In the selection of its officers and the adoption of rules, resolutions and reports, an affirmative vote of a majority of the members of the joint committee from each house shall be required. All members shall be notified in writing of all meetings, such notices to be mailed at least five (5) days prior to the date on which a meeting is to be held. Members of the committee shall be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session. The joint committee may meet with and utilize the services of the Board of Directors of MIB in developing its recommendations.

SECTION 2. This act shall take effect and be in force from and after its passage, and shall stand repealed from and after July 1, 1999.