2005 Regular Session
To: Environment Prot, Cons and Water Res
By: Senator(s) Posey
AN ACT TO AMEND SECTIONS 51-9-1 AND 51-9-107, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT MEMBERS OF THE PEARL RIVER INDUSTRIAL COMMISSION APPOINTED FROM MADISON COUNTY SHALL BE RESIDENTIAL LEASEHOLDERS OF THE PEARL RIVER VALLEY WATER SUPPLY DISTRICT AND RESIDENTS OF MADISON COUNTY; TO REQUIRE THAT FROM AND AFTER THE EFFECTIVE DATE OF THIS ACT, THE POSITIONS ON THE PEARL RIVER VALLEY WATER SUPPLY DISTRICT BOARD OF DIRECTORS SHALL BECOME VACANT, AND NEW APPOINTEES TO THESE POSITIONS SHALL HAVE A TERM OF OFFICE OF FOUR YEARS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 51-9-1, Mississippi Code of 1972, is amended as follows:
51-9-1. There is hereby created the Pearl River Industrial Commission, composed of Hinds, Leake, Madison, Neshoba, Rankin and such other counties in the state through which or bordering which the Pearl River runs. The Governor shall appoint one (1) member to the commission from each county from a list of three (3) names to be submitted by the board of supervisors in each participating county. The three (3) names submitted by the Board of Supervisors of Rankin County shall be the names of persons who reside on and are holders or residential leases from the Pearl River Valley Water Supply District which are located in Rankin County. The three (3) names submitted by the Board of Supervisors of Madison County shall be the names of persons who reside on and are holders of residential leases from the Pearl River Valley Water Supply District which are located in Madison County. In his appointment the Governor shall designate the chairman and vice chairman of the commission. The board of supervisors in any county through which or by which the Pearl River runs, other than those counties named above, may bring that county in as a member of the commission by resolution presented to the Governor; and the board of supervisors in such county may, in its discretion, call an election prior to taking such action, said election to be held as nearly as possible in the same manner other elections are held in the county.
SECTION 2. Section 51-9-107, Mississippi Code of 1972, is amended as follows:
51-9-107. All powers of the district shall be exercised by a board of directors, to be composed of the following:
(a) Each member of the Pearl River Industrial Commission whose county becomes a part of the Pearl River Valley Water Supply District shall be a member of the Board of Directors of the Pearl River Valley Water Supply District. Such directors shall serve on this board during their term of office on the Pearl River Industrial Commission. In addition, the board of supervisors of each county which becomes a part of the district shall appoint one (1) additional member. From and after the effective date of this act, the positions to which boards of supervisors have made appointments shall become vacant. The boards of supervisors of each member county shall thereafter appoint one (1) member who shall hold office for a term of four (4) years.
(b) The Mississippi Commission on Environmental Quality, the Mississippi Commission on Wildlife, Fisheries and Parks, Forestry Commission and the State Board of Health of the State of Mississippi shall each appoint one (1) director from that department to serve on the Board of Directors of the Pearl River Valley Water Supply District to serve at the pleasure of the respective board appointing him.
(c) Each director shall take and subscribe to the oath of office required by Section 268 of the Constitution of the State of Mississippi before a chancery clerk, that he will faithfully discharge the duties of the office, which oath shall be filed with the said clerk and by him preserved.
(d) Each director shall receive per diem compensation in the amount as provided in Section 25-3-69 for attending each meeting of the board and for each day spent in attending to the necessary business of the district and shall be reimbursed for actual expenses thus incurred upon express authorization of the board, including travel expenses, as provided in Section 25-3-41.
(e) The board of directors shall annually elect from its number a president and a vice president of the district, and such other officers as in the judgment of the board are necessary. The president shall be the chief executive officer of the district and the presiding officer of the board, and shall have the same right to vote as any other director. The vice president shall perform all duties and exercise all powers conferred by this article upon the president when the president is absent or fails or declines to act, except the president's right to vote. The board shall also appoint a secretary and a treasurer who may or may not be members of the board, and it may combine those offices. The treasurer shall give bond in the sum of not less than Fifty Thousand Dollars ($50,000.00) as set by the board of directors and each director shall give bond in the sum of not less than Ten Thousand Dollars ($10,000.00), and the premiums on said bonds shall be an expense of the district. The condition of each such bond shall be that the treasurer or director will faithfully perform all duties of office and account for all money which shall come into his custody as treasurer or director of the district.
SECTION 3. This act shall take effect and be in force from and after July 1, 2005.