Senate Bill 2684

AN ACT TO AMEND SECTION 75-57-101, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPOSITION OF THE STATE LIQUEFIED COMPRESSED GAS BOARD; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 75-57-101, Mississippi Code of 1972, is amended as follows:

75-57-101. (1) The State Liquefied Compressed Gas Board is hereby created and is vested with the power to regulate matters pertaining to liquefied compressed gas. All regulations by and actions of the board are subject to the approval of the commissioner. The board shall not exercise administrative and enforcement duties. The Commissioner of Insurance shall retain all administrative and enforcement duties related to liquefied compressed gas. The board is established within the Department of Insurance and shall consist of seven (7) members appointed by the Commissioner of Insurance as follows:

(a) Five (5) members, one (1) from each of the congressional districts, to be selected from a list of at least ten (10) individuals who are in the liquefied compressed gas industry doing business in the State of Mississippi; the list shall be submitted, within ten (10) days of * * * July 1, 1995, by licensed liquefied compressed gas distributors doing business in the state.

(b) Two (2) members from the state at large who have a rational relationship to the liquefied compressed gas industry.

(c) At least three (3) members of the board must be dealers who sell less than two million five hundred thousand (2,500,000) gallons of propane per year.

(d) No two (2) members may be selected from the same company.

(e) The members of the board as constituted on January 1, 2004, whose terms have not expired shall continue to serve until the expiration of their respective terms. As the terms of the members expire, the members shall be appointed as follows: one (1) member from each of the four (4) Mississippi congressional districts and three (3) members from the state at large. The appointments shall be made in the same manner and with the same qualifications and restrictions as provided in this subsection (1).

(2) (a) The initial appointments to the board from the congressional districts shall be made as follows: One (1) member of the board shall be appointed for a term ending on June 30, 1996; one (1) for a term ending on June 30, 1997; one (1) for a term ending on June 30, 1998; one (1) for a term ending on June 30, 1999; and one (1) for a term ending June 30, 2000. After the expiration of such initial terms, all subsequent appointments shall be made in the same manner as the original appointments were made for terms of five (5) years.

(b) The three (3) members from the state at large shall serve for terms concurrent with the term of the Commissioner of Insurance.

(c) An appointment to fill a vacancy, other than by expiration of a term of office, shall be made by the Commissioner of Insurance for the balance of the unexpired term.

(3) There shall be a chairman of the board elected by and from the membership of the board.

(4) Board members shall receive per diem compensation according to Section 25-3-69. The board members shall not be compensated for more than twelve (12) meetings per year held at a site within the state selected by the board. Any member who fails to attend three (3) consecutive called meetings of the board may be removed by the Commissioner of Insurance.

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.