House Bill 767

(As Sent to Governor)

AN ACT TO AMEND SECTION 65-1-5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE TRANSPORTATION COMMISSION NOT MORE THAN THREE TIMES EACH YEAR TO MEET IN REGULAR SESSION AT LOCATIONS OTHER THAN ITS JACKSON, MISSISSIPPI, OFFICE; TO PROVIDE THAT IF ANY SESSION MEETING IS HELD AT A LOCATION OTHER THAN AT THE COMMISSION'S OFFICE IN JACKSON, MISSISSIPPI, THE COMMISSION MUST MAKE PROVISIONS TO ALLOW PUBLIC PARTICIPATION IN THE MEETING BY APPEARING AT THE JACKSON OFFICE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 65-1-5, Mississippi Code of 1972, is amended as follows:

65-1-5. When the transportation commissioners enter upon the duties of their office, the Transportation Commission shall meet and organize by the election of one (1) of its members to serve as chairman of the commission for the four-year term for which the commissioner shall have been elected. The commission, a majority of which shall constitute a quorum, shall meet in regular session on the second Tuesday of each month at the office of the commission in Jackson, Mississippi; however, the commission may meet in regular session not more than three (3) times each year at such other location as may be set by the commission. At such regular sessions the commission may hear, continue and determine any and all matters coming before it. The commission may hold special sessions at the call of the executive director or the chairman at such times and places in this state as either of them may deem necessary. At such special sessions it may hear, continue, consider and determine any and all matters coming before it, provided that at least five (5) days' notice of such meetings shall be given to all the members of the commission beforehand. A special session may be called at any time without the foregoing notice, or any notice, if by and with the unanimous consent of all the members of the commission, but such unanimous consent shall be spread at large on the minutes of the commission. If any session is held at a location other than at the commission's office in Jackson, Mississippi, the commission shall make provisions to allow public participation in the meeting by appearing at the Jackson office.

The Mississippi Transportation Commission shall act as a legal entity, and shall only speak through its minutes, and in all matters shall act as a unit. Any action on the part of any member of the commission separately shall not bind the commission as a unit, but such individual member only shall be liable personally on his official bond.

The Mississippi Transportation Commission shall be a body corporate and as such may sue and be sued, plead and be impleaded, in any court of justice having jurisdiction of the subject matter of any such suit. In any suit against the Mississippi Transportation Commission service of process shall be had by serving the secretary of the commission with such process; and a copy of the declaration, petition or bill of complaint, or other initial pleading shall be handed the secretary along with the process.

SECTION 2. This act shall take effect and be in force from and after its passage.