House Bill 945

AN ACT TO CREATE THE MARTIN LUTHER KING, JR., COMMISSION; TO PROVIDE FOR THE APPOINTMENTS TO THE COMMISSION; TO PROVIDE THAT THE MEMBERSHIP OF THE COMMISSION SHALL REFLECT THE RACIAL AND GENDER DEMOGRAPHICS OF THE STATE; TO AUTHORIZE THE COMMISSION TO ADOPT RULES FOR ITS ORGANIZATION AND CONDUCT OF BUSINESS; TO PROVIDE THAT MEMBERS SHALL SERVE WITHOUT COMPENSATION; TO REQUIRE THE COMMISSION TO MEET AT LEAST SEMIANNUALLY; TO REQUIRE THE COMMISSION TO ANNUALLY REPORT TO THE GOVERNOR AND THE LEGISLATURE; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) There is created the Martin Luther King, Jr., Commission, hereinafter referred to as "the commission." The purposes of the commission are to encourage appropriate ceremonies and activities throughout the State of Mississippi relating to the observance of the state legal holiday honoring Martin Luther King, Jr., which occurs on the third Monday in January each year, and to provide advice and assistance to local governments and private organizations with respect to the observance of the holiday.

(2) The commission shall be composed of thirty (30) persons to be appointed as follows:

(a) On or before July 1, 2002, the Governor shall appoint ten (10) members, two (2) from each congressional district. Two (2) appointees of the Governor shall be from the general public; two (2) shall be teachers in a public elementary school; two (2) shall be officers in the Student Government Association at a state-supported university or college; two (2) shall be members of the clergy or representatives of a religious community; and two (2) shall represent business or industry. The Governor shall designate two (2) appointees to serve an initial term that expires on June 30, 2003, four (4) appointees to serve initial terms that expire on June 30, 2004, and four (4) appointees to serve initial terms that expire on June 30, 2005. The Governor shall designate one (1) of his appointees to serve as chairperson of the commission until the commission has organized and selected its officers pursuant to Section 2 of this act.

(b) On or before July 1, 2002, the Lieutenant Governor shall appoint ten (10) members, five (5) of whom shall be members of the Senate; two (2) of whom shall be professors at major universities in the state; and three (3) of whom shall be active in professional social organizations. The five (5) members of the Senate shall each be from a congressional district and shall serve ex officio. The Lieutenant Governor shall designate two (2) appointees to serve initial terms that expire on June 30, 2003, four (4) appointees to serve initial terms that expire on June 30, 2004, and four (4) appointees to serve initial terms that expire on June 30, 2005.

(c) On or before July 1, 2002, the Speaker of the House of Representatives shall appoint ten (10) members, five (5) of whom shall be members of the House of Representatives; two (2) of whom shall be professors at major universities in the state; and three (3) of whom shall be active in professional social organizations. The five (5) members of the House of Representatives shall each be from a congressional district and shall serve ex officio. The Speaker shall designate two (2) appointees to serve initial terms that expire on June 30, 2003, four (4) appointees to serve initial terms that expire on June 30, 2004, and four (4) appointees to serve initial terms that expire on June 30, 2005.

(d) It is the intent of the Legislature that the commission reflect the racial and gender demographics of the entire state.

(3) Upon the expiration of the initial terms, all members shall be appointed for terms of three (3) years from the expiration date of the previous term. Any vacancy occurring other than by expiration of a term shall be filled for the unexpired term by the appropriate appointing authority. An appointment to fill an unexpired term shall not be considered as a full term.

SECTION 2. (1) The commission shall adopt rules for its efficient operation, which may include designation of its organizational structure including officers and committees, duties of officers and committees, a process for selecting officers, quorum requirements for committees, provisions for special or ad hoc committees, and other such procedures as may be necessary. The commission may establish committees responsible for conducting specific commission programs or activities.

(2) Members of the commission shall serve without compensation or per diem.

(3) The commission shall meet and conduct business at least semiannually, but not more often than once a month. All meetings of the commission and any committees of the commission shall be open to the public, with opportunities for public comment provided on a regular basis. Notice of all meetings shall be given as provided in the Open Meetings Act (Section 25-41-1 et seq.), and appropriate notice also shall be given to all persons requesting the date, time and place of each meeting.

(4) All departments, boards, agencies, officers and institutions of the state and all subdivisions thereof shall cooperate with the commission in carrying out the provisions of this act.

SECTION 3. Not later than July 1 of each year, the commission shall submit a report to the Governor and the Legislature concerning its activities under this act.

SECTION 4. This act shall take effect and be in force from and after its passage.