House Bill 305

AN ACT TO AMEND SECTION 41-26-101, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MANAGEMENT TRAINING REQUIRED FOR COMMUNITY PUBLIC WATER SYSTEMS BE LIMITED TO THOSE MEMBERS WHO HAVE RESPONSIBILITY FOR THE DIRECT SUPERVISION OVER THE DAY-TO-DAY OPERATION OF THE SYSTEM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 41-26-101, Mississippi Code of 1972, is amended as follows:

41-26-101. (1) Each member elected or reelected after June 30, 1998, to serve on a governing board of any community public water system, except systems operated by municipalities with a population greater than two thousand five hundred (2,500), and who has responsibility for direct supervision over the day-to-day operation of the system, shall attend a minimum of eight (8) hours of management training within two (2) years following the election of that board member. Whether a member has responsibility for direct supervision over the day-to-day operation of the system shall be determined by the State Department of Health. Any member failing to complete the management training within two (2) years after his election shall be subject to removal from the board by the remaining members. If a board member has undergone training and is reelected to the board, that board member shall not be required to attend training as provided by this subsection.

(2) The management training shall be organized by the State Department of Health, in cooperation with the Mississippi Rural Water Association and other organizations. The management training shall include information on water system management and financing, rate setting and structures, operations and maintenance, applicable laws and regulations, ethics, the duties and responsibilities of a board member and other information deemed necessary by the department after consultation with the association and other organizations. The department shall develop and provide all training materials. The department may charge a fee not to exceed Seventy-five Dollars ($75.00) per member to defray the actual costs of providing the materials and training. These costs shall be reimbursed to the board member as an expense of the community public water system.

(3) To avoid board members having to interfere with their jobs or employment, management training sessions may be divided into segments and, to the greatest extent possible, shall be scheduled for evening sessions. The department shall conduct management training on a regional basis and shall use community college or other public facilities for the convenience of board members.

(4) The department may make exceptions to and grant exemptions and variances to the requirements of this section for good cause shown.

SECTION 2. This act shall take effect and be in force from and after July 1, 2002.