MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Finance

By: Senator(s) Burton

AN ACT TO AMEND SECTION 43-33-115, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE APPOINTMENT OF ADDITIONAL REGIONAL HOUSING AUTHORITY COMMISSIONERS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 43-33-115, Mississippi Code of 1972, is amended as follows:

43-33-115. The board of supervisors of each county included in a regional housing authority shall appoint one (1) person as a commissioner of such authority, and each such commissioner to be first appointed by the board of supervisors of a county may be appointed at or after the time of the adoption of the resolution declaring the need for such regional housing authority or declaring the need for the inclusion of such county in the area of operation of such regional housing authority. When the area of operation of a regional housing authority is increased to include an additional county or counties as provided above, the board of supervisors of each such county shall thereupon appoint one (1) additional person as a commissioner of the regional housing authority. The board of supervisors of each county shall appoint the successor of the commissioner appointed by it. A certificate of the appointment of any such commissioner shall be filed with the clerk of the county, and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. If any county is excluded from the area of operation of a regional housing authority, the office of the commissioner of such regional housing authority appointed by the board of supervisors of such county shall be thereupon abolished.

If the area of operation of a regional housing authority consists at any time of an even number of counties, the commissioners of the regional housing authority appointed by the boards of supervisors of such counties shall appoint up to three (3) additional commissioners whose term of office shall be as herein provided for a commissioner of a regional housing authority except that such term shall end at any earlier time that the area of operation of the regional housing authority shall be changed to consist of an odd number of counties, it being the intent at all times to have an odd number of commissioners for such regional housing authority. If the area of operation of a regional housing authority consists at any time of an odd number of counties, the commissioners of the regional housing authority appointed by the boards of supervisors of such counties shall have the authority to appoint two (2) additional commissioners whose terms of office shall be as herein provided for a commissioner of a regional housing authority. The commissioners of such authority appointed by the boards of supervisors of such counties shall likewise appoint each person to succeed such additional commissioner or commissioners; the term of office of such person or persons begins during the terms of office of the commissioner appointing him. A certificate of the appointment of any such additional commissioner or commissioners of such regional housing authority shall be filed with the other records of the regional housing authority and shall be conclusive evidence of the due and proper appointment of such additional commissioner or commissioners.

The commissioners of a regional housing authority shall be appointed for terms of five (5) years except that all vacancies shall be filled for the unexpired terms. Each commissioner shall hold office until his successor has been appointed and has qualified, except as otherwise provided herein.

The commissioners shall constitute the regional housing authority, and the powers of such authority shall be vested in such commissioners in office from time to time.

The commissioners of a regional housing authority shall elect a chairman from among the commissioners and shall have power to select or employ such other officers and employees as the regional housing authority may require. A majority of the commissioners of a regional housing authority shall constitute a quorum of such authority for the purpose of conducting its business and exercising its powers and for all other purposes.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.