House Bill 1534

AN ACT TO AMEND SECTION 77-15-1, MISSISSIPPI CODE OF 1972, TO RECONSTITUTE THE BOARD OF DIRECTORS OF CERTAIN LOCAL NATURAL GAS DISTRICTS; TO PRESCRIBE THE TIME, MANNER AND PROCEDURE FOR ELECTING NEW BOARD MEMBERS; TO PROVIDE FOR THE COMPENSATION OF BOARD MEMBERS; TO PROVIDE FOR THE DISCONTINUANCE OF REVENUES OF THE DISTRICT TO MUNICIPALITIES WITHIN THE DISTRICT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 77-15-1, Mississippi Code of 1972, is amended as follows:

77-15-1. (1) Notwithstanding any other provisions of law to the contrary, from and after November 2, 2004, all local natural gas districts containing two (2) or more municipalities and nonmunicipal customers shall establish and maintain a board of directors composed of: (a) one (1) system-user from each municipality within the district * * *; and (b) one (1) system-user from each county within the district. From and after November 2, 2004, none of the directors shall * * * be a public official.

(2) (a) The municipal system-user board members serving on the effective date of House Bill No. ____, 2004 Regular Session, shall continue to serve as members until the special election held under subsection (3) of this section. The board members elected at such election shall serve until the next general election for municipal officials, and all elections for such board members thereafter shall be held at the same time as the election of municipal officials and the terms of such board members shall be concurrent with the terms of elected municipal officials.

(b) The county system-user board members serving on the effective date of House Bill No. ____, 2004 Regular Session, shall continue to serve as members until expiration of their current terms of office at the next general election for supervisors, and the election for such board members thereafter shall be held at the same time as the supervisor elections and the terms of such board members shall be concurrent with the terms of the supervisors.

(3) The board shall call a special election to be held in each of the municipalities served by the district on November 2, 2004, for the election of municipal system-user board members. In the special election, and in all subsequent elections for municipal system-user board members, system-users who reside in a municipality within the district shall be eligible to vote only for a candidate who resides in same municipality.

(4) In all elections for county system-user board members, the county system-user board members shall be elected by the system-users residing outside of a municipality, in the county in which such board member resides.

(5) In order to qualify as a candidate in any election to the board, including the special election under subsection (3) of this section, each person shall obtain, on a petition, twenty-five (25) signatures from system-users who reside in the municipality in which the candidate resides and for which he seeks to be elected, in the case of municipal system-user board members, or twenty-five (25) signatures from system-users who reside in that part of the county outside of a municipality in which the candidate resides and for which he seeks to be elected, in the case of county system-user board members.

(6) Beginning on the first day of the month first occurring not less than fifteen (15) days nor more than thirty (30) days following the effective date of this act, and each month thereafter, the members of the board * * * shall be entitled to receive Fifty Dollars ($50.00) for each day for meetings attended and travel expenses as provided in Section 25-3-41. Such compensation and travel expenses shall be paid out of any available funds of the district * * *.

(7) From and after the effective date of House Bill No. ____, 2004 Regular Session, the board of directors shall discontinue distribution of any of the revenues of the district to municipalities within the district.

(8) All board members shall file any required statements of economic interest with the Ethics Commission as required by law. (9) This section shall not apply to any local natural gas district which leases its distribution system to an investor-owned utility company regulated by the Public Service Commission.

SECTION 2. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 3. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.