MISSISSIPPI LEGISLATURE

2004 Regular Session

To: County Affairs

By: Representative Dedeaux, Compretta, Bentz, Broomfield, Fredericks, Guice, Hamilton (109th), Ishee, Janus, Patterson, Peranich, Read, Simpson, Upshaw, Wells-Smith

House Bill 721

(As Passed the House)

AN ACT TO AMEND SECTION 17-1-35, MISSISSIPPI CODE OF 1972, TO AUTHORIZE REGIONAL PLANNING COMMISSIONS TO ACQUIRE AND DISPOSE OF PROPERTY AS MAY BE NECESSARY OR DESIRABLE TO MAINTAIN OPERATIONS OF THE COMMISSION; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 17-1-35, Mississippi Code of 1972, is amended as follows:

     17-1-35.  Any regional planning commission created hereunder shall be authorized and empowered as follows:

          (a)  To adopt rules or procedure for the regulations of its affairs, set forth policies and procedures for the conduct of its business, and to appoint, from among its members, a chairman and vice chairman, to serve annually, provided that such chairman may be subject to reelection.

          (b)  To adopt an official name, seal, and retain and keep minutes of its meeting in a firmly bound minute book, in which all actions taken by the commission about its business shall so be recorded.

          (c) To * * * meet at regular times on one day each and every month of the year.

          (d)  To acquire, hold, maintain, lease, assign and convey real property, personal and mixed, as may be necessary or desirable for the purpose of maintaining the operations of the commission.

          (e)  To employ and to compensate such personnel, consultants and technical and professional assistance as shall be necessary to exercise the powers and perform the duties set forth in Sections 17-1-31 through 17-1-35, inclusive.

          (f)  To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under Sections 17-1-31 through 17-1-35, inclusive.  The chairman of said regional commission shall be the duly authorized individual to execute contracts on behalf of said commission, upon duly and properly entered resolution of said commission so authorizing him to enter and execute said contract.

          (g)  To hold public hearings and sponsor public forums in any part of the regional area whenever the commission deems it necessary or useful in the execution of its functions.

          (h)  To accept and receive, in the furtherance of its functions, funds, grants and service from the federal government, or its agencies; from departments, agencies and instrumentalities of state, municipal or local government; or from private or civic sources.

          (i)  To receive and expend such sums of money as shall be from time to time appropriated for its use by any county, state or municipality, and to receive and expend federal funds.

          (j)  To cooperate in the exercise of its planning functions with federal and state agencies.

          (k)  To be a body corporate and as such, may sue and be sued, in any suit against the commission, service of process shall be had by service upon the chairman with such process.

     SECTION 2.  This act shall take effect and be in force from and after its passage.