Senate Bill 2744

(As Passed the Senate)

AN ACT TO PROVIDE THAT THE MISSISSIPPI TRANSPORTATION COMMISSION, UPON THE RECOMMENDATION OF THE EXECUTIVE DIRECTOR, MAY APPOINT A DEPUTY EXECUTIVE DIRECTOR FOR ADMINISTRATION; TO PROVIDE THAT THE POWERS AND DUTIES OF THE DEPUTY EXECUTIVE DIRECTOR FOR ADMINISTRATION SHALL BE SPECIFIED BY THE COMMISSION AND SHALL INCLUDE, BUT NOT BE LIMITED TO, THE EXECUTION ON BEHALF OF THE EXECUTIVE DIRECTOR OF CONTRACTS APPROVED BY THE COMMISSION AND OTHER DOCUMENTS; TO AUTHORIZE THE MISSISSIPPI TRANSPORTATION COMMISSION TO ISSUE POWERS OF ATTORNEY TO INDIVIDUALS AS MAY BE RECOMMENDED BY THE EXECUTIVE DIRECTOR TO EXECUTE ANY DOCUMENTS ON BEHALF OF THE COMMISSION AND THE EXECUTIVE DIRECTOR AS THE COMMISSION CONSIDERS APPROPRIATE TO FACILITATE THE EFFICIENT IMPLEMENTATION OF ITS DUTIES AND RESPONSIBILITIES; TO PROHIBIT THE EXECUTION OF CERTAIN DOCUMENTS BY PERSONS ISSUED SUCH POWERS OF ATTORNEY; TO PROVIDE FOR THE DURATION OF SUCH POWERS OF ATTORNEY; TO PROVIDE THAT POWERS OF ATTORNEY MAY BE REVOKED BY THE COMMISSION AT ANY TIME; TO AMEND SECTION 65-1-11, MISSISSIPPI CODE OF 1972, TO REVISE THE DUTIES OF THE CHIEF ENGINEER WITH REGARD TO HIS POSITION AS A DEPUTY EXECUTIVE DIRECTOR; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The commission, upon the recommendation of the executive director, may appoint one (1) deputy executive director for administration in addition to the deputy executive director provided for in Section 65-1-11. The powers and duties of the deputy executive director for administration appointed pursuant to this subsection shall be specified by the commission and shall include, but not be limited to, the execution on behalf of the executive director of contracts approved by the commission and other documents. The appointment of such deputy executive director for administration and the powers specified by the commission must be spread upon the minutes of the commission to become effective.

(2) The commission may issue powers of attorney to individuals as may be recommended by the executive director to execute any documents on behalf of the commission and the executive director as the commission considers appropriate to facilitate the efficient implementation of its duties and responsibilities; however, a power of attorney issued under this subsection shall not authorize the execution of contracts approved by the commission. Powers of attorney issued under this subsection shall specify the limits of the authority to execute documents granted by them. The duration of such powers of attorney shall be for the term of office of the commission that issued them. Such powers of attorney may be revoked by the commission at any time.

SECTION 2. Section 65-1-11, Mississippi Code of 1972, is amended as follows:

65-1-11. The executive director, subject to the approval of the commission, shall employ a chief engineer who shall be a registered civil engineer, a graduate of a recognized school of engineering, and who shall have had not less than five (5) years' actual professional experience in highway construction. The chief engineer shall also be a deputy executive director of the * * * department with such powers and duties as may be prescribed by the commission. * * * The chief engineer shall give bond in the sum of Fifty Thousand Dollars ($50,000.00) in some surety company authorized to do business in this state, which bond shall be conditioned upon the faithful performance and discharge of his duties. The principal and surety on such bond shall be liable thereunder to the State of Mississippi for double the amount of the value of any money or property which the state may lose, if any, by reason of any wrongful or criminal act of such engineer. The term of office of the chief engineer shall be for a period of four (4) years, unless sooner removed as hereinafter provided, and he shall be eligible for reappointment. The first term of office, however, shall extend from the date of appointment until the first Monday of January 1952.

SECTION 3. This act shall take effect and be in force from and after July 1, 2003.