MISSISSIPPI LEGISLATURE

2005 Regular Session

To: Public Health and Human Services

By: Representative Franks

House Bill 1147

AN ACT TO AMEND SECTION 37-33-155, MISSISSIPPI CODE OF 1972, TO REVISE THE MEMBERSHIP OF THE STATE BOARD OF REHABILITATION SERVICES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-33-155, Mississippi Code of 1972, is amended as follows:

     37-33-155.  (1)  There is created the State Board of Rehabilitation Services, which shall consist of seven (7) members, five (5) members to be appointed by the Governor and two (2) members to be appointed by the Lieutenant Governor.  Of the members appointed by the Governor, one (1) shall be a person who is visually impaired, one (1) shall be a person who is hearing impaired or hard of hearing, one (1) shall be a person who is physically impaired, one (1) shall be person who is mentally impaired or the parent of a person who is mentally impaired and one (1) shall be a person who uses assistive technology.  Of the members appointed by the Governor, four (4) shall be from separate congressional districts and one (1) shall be from the state at large, with one (1) appointed for a term to expire on July 1, 2006, one (1) appointed for a term to expire on July 1, 2007, one (1) appointed for a term to expire on July 1, 2008, one (1) appointed for a term to expire on July 1, 2009, and one (1) appointed for a term to expire on July 1, 2010.  The members appointed by the Lieutenant Governor shall be from the state at large, with one (1) appointed for a term to expire on July 1, 2006, one (1) appointed for a term to expire on July 1, 2008, and one (1) appointed for a term to expire on July 1, 2010.  Upon the expiration of the initial terms, the members shall be appointed for terms of five (5) years from the expiration date of the previous term.  All original and subsequent appointments shall be with the advice and consent of the Senate.  An appointment to fill a vacancy, other than by expiration of a term of office, shall be made for the balance of the unexpired term.  No board appointee shall be an employee or elected official of the State of Mississippi or a political subdivision thereof, or an employee of the former State Department of Rehabilitation Services before July 1, 1989, or an employee of the Division of Rehabilitation Services of the Department of Human Services or any subordinate administrative unit of the division before July 1, 1991, or an employee of the State Department of Rehabilitation Services after June 30, 1991.

     (2)  The board shall elect a chairperson from its membership at the first meeting of the original board members and every two (2) years thereafter on July 15 of the year.  A majority of the membership of the board shall constitute a quorum for the transaction of any business, and the board shall meet at least quarterly and hold other meetings as are necessary for the purpose of conducting required business.  All meetings of the board shall be called by the chairperson, except the first meeting of the original board members, which shall be called by the Governor.

     (3)  The appointed members of the board shall be compensated at a per diem rate as authorized by Section 25-3-69, plus actual and necessary expenses as authorized by Section 25-3-41.  Members of the board appointed before July 1, 1991, shall be paid compensation and expenses under this subsection from funds available to the Division of Rehabilitation Services of the Department of Human Services.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2005.