2005 Regular Session
To: Public Utilities
By: Senator(s) Harden
AN ACT TO AMEND SECTION 19-5-307, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPOSITION OF THE BOARD OF COMMISSIONERS THAT MAY BE APPOINTED BY A COMMUNICATIONS DISTRICT OF A COUNTY; TO REQUIRE THE BOARD OF COMMISSIONERS TO REPRESENT BOTH THE COUNTY AND THE INCORPORATED MUNICIPALITIES WITHIN THE COUNTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 19-5-307, Mississippi Code of 1972, is amended as follows:
19-5-307. (1) When any district is created, the board of supervisors of the county creating the district may appoint a board of commissioners composed of at least seven (7) members and not more than fourteen (14) to govern its affairs, and shall fix the domicile of the board at any point within the district. The members of the board shall be qualified electors of the district, two (2) of whom shall be appointed for terms of two (2) years, three (3) for terms of three (3) years, and two (2) for terms of four (4) years, dating from the date of the adoption of the ordinance creating the district. Thereafter, all appointments of the members shall be for terms of four (4) years. The appointments to the board shall represent both the county and each of the incorporated municipalities within that county. Appointments of municipal and county representation shall be proportional and be based upon population data from the most recent federal decennial census.
(2) The board of commissioners shall have complete and sole authority to appoint a chairman and any other officers it may deem necessary from among the membership of the board of commissioners.
(3) A majority of the board of commissioners membership shall constitute a quorum and all official action of the board of commissioners shall require a quorum.
(4) The board of commissioners shall have authority to employ such employees, experts and consultants as it may deem necessary to assist the board of commissioners in the discharge of its responsibilities to the extent that funds are made available.
(5) In lieu of appointing a board of commissioners, the board of supervisors of the county may serve as the board of commissioners of the district, in which case it shall assume all the powers and duties of the board of commissioners as provided in Section 19-5-301 et seq.
(6) All emergency communications districts shall purchase, lease or lease-purchase equipment used to comply with the FCC Order, as defined in Section 19-5-333, from a products and equipment list maintained by the Mississippi Department of Information Technology Services; however, items not available from the list, or items which may be purchased at a lower price, shall be purchased in accordance with the Public Purchasing Law (Section 31-7-13).
SECTION 2. This act shall take effect and be in force from and after July 1, 2005.